Atkinson v. City of Nevada
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. The approval by the council of a plat of a pro-' posed addition to a city, is in no sense an acceptance of a street thereon as a public highway, nor does it cast upon the city the duty of keeping such street in repair.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. The approval by the council of a plat of a pro-' posed addition to a city, is in no sense an acceptance of a street thereon as a public highway, nor does it cast upon the city the duty of keeping such street in repair. Not until the properly authorized city officers do some act evidencing an intention to. assume jurisdiction over the street does the obligation of the city to keep it in repair begin, and not until then is the city liable for a failure to do so. Mere user by the public Avill not establish a street, nor impose on the…
1Opinion of the CourtJohnson, J.
This is an action against a city of the third class to recover damages for injuries to a horse owned by plaintiff, which were caused by the driving of the horse into a barbed wire fence, at the side of a public street. The injury occurred in the night of December 9, 1906, in Nevada, Missouri, at a point on Hunter street (which runs east and west) about midAvay between Tower and Perkins streets, parallel streets crossing Hunter street at a right angle. OAving to the darkness, the driver of the horse, who Avas unacquainted with the locality, did not become aware of the fact that the horse had…
2Cases cited3 opinions
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
- Ruppenthal v. City of St. LouisSupreme Court of Missouri · 1905
3Cited by5 opinions
- Hughes & Thurman v. DoddMissouri Court of Appeals · 1912
- Kahn v. London Assurance Corp.Missouri Court of Appeals · 1915
- Ross v. MajorMissouri Court of Appeals · 1914
- Drimmel v. Kansas CityMissouri Court of Appeals · 1914
- Osborn v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910