Kelly ex rel. Kelly v. Walsh
Missouri Court of Appeals
Appeal frQm Jaekson Circuit Court.—Hon. Jas. E. Goodrich, Judge. Tbe plaintiff was guilty of sucb contributory negligence as to bar ber recovery. Diamond v. K. C., 120' Mo. App. 185; Knigbt v. K. C., 138 Mo. App. 153, 158; Border v. Sedalia, 161 Mo. App. 633, 639; Ray v. City, 70 Mo. App. 258; Coffey v. City, 186 Mo. 585; Wheat v. City, 179 Mo. 581; Rion v. City, 233 Mo. 171; Kaiser v. City, 185 Mo. 366.
1Opinion of the CourtTbimble, J.
In constructing a sewer ditch along Euclid avenue in Kansas City, the defendant piled the dirt alongside the ditch at all points except at a spot opposite the driveway coming out of Mr. Carlson’s yard on the east side of the street. Here defendant did not cut the trench from the surface of the ground to the bottom of the ditch, but left a causeway over the ditch by leaving the surface undisturbed and tunnelling under the surface for a distance of seven feet, so that Mr. Carlson could drive out of his yard and across the' ditch over this causeway. The piles or ridges of dirt thrown from the…
2Cases cited3 opinions
- Border v. City of SedaliaMissouri Court of Appeals · 1912
- Diamond v. Kansas CityMissouri Court of Appeals · 1906
- Combs v. City of KirksvilleMissouri Court of Appeals · 1908
3Cited by4 opinions
- Bean v. City of MoberlySupreme Court of Missouri · 1943
- Costello v. City of KansasMissouri Court of Appeals · 1921
- Quiñones v. ColomSupreme Court of Puerto Rico · 1950
- Quiñones v. ColomSupreme Court of Puerto Rico · 1950