Hedges v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, J. The facts are sufficiently stated in the opinion of the court. I. This court has held this city liable for injuries resulting from a failure to keep its streets in repair in a number of instances, beginning with Bowie's Case, 51 Mo. 454, but it has been said by high authority that “no precedent of whatever sort, can weigh against right or distinct law, for the latter are certainty, and precedents are used to obtain…
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Appeal from Jackson Circuit Court, Hon. F. M. Black, J. The facts are sufficiently stated in the opinion of the court. I. This court has held this city liable for injuries resulting from a failure to keep its streets in repair in a number of instances, beginning with Bowie's Case, 51 Mo. 454, but it has been said by high authority that “no precedent of whatever sort, can weigh against right or distinct law, for the latter are certainty, and precedents are used to obtain approximate certainty in cases of doubt. * * * Precedents against law, or the law’s reason, must be set aside.” Liebers…
1Opinion of the Court
Opinion by
Philips, P. J.
This is an action to recover damages for personal injuries received by the plaintiff, Sarah S. Hedges, caused by being thrown from a wagon on one of the defendant’s streets, which street, it was claimed, the *67•defendant permitted to remain out of repair by suffering a hole two and one-half feet deep to remain in it, so •concealed that the wagon ran into it precipitating the plaintiff violently upon the ground. The plaintiff recovered judgment, and the defendant has brought the case here on appeal.
1. It is manifest, from the brief and oral argument of appellant’s…
2Cases cited1 opinion
- Allen v. ScharringhausenMissouri Court of Appeals · 1880
3Cited by6 opinions
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Rowe v. U.R. Co. of St. LouisMissouri Court of Appeals · 1922
- Parker v. ZeislerSupreme Court of Missouri · 1897
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