Ball v. City of Neosho
Missouri Court of Appeals
Appeal from Jasper Circuit Court . — Hon. J. D. Perkins, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and advantage of this defect may he taken for the first time in this court. R. S. 1899, sec. 602. (2) The failure of the petition to state facts which in law amount to negligence on the part of the city is fatal to the petition.
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Appeal from Jasper Circuit Court . — Hon. J. D. Perkins, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and advantage of this defect may he taken for the first time in this court. R. S. 1899, sec. 602. (2) The failure of the petition to state facts which in law amount to negligence on the part of the city is fatal to the petition. Dyer v. Railroad, 34 Mo. 127; Bowie v. Kansas City, 51 Mo. 454; Hurst v. Ash drove, 96 Mo. 168. No reported case within our knowledge in this State holds a petition good, even after verdict, which does not contain an…
1Opinion of the CourtBroaddus, J.
The petition, after alleging that the defendant is organized under the statutes of this State as a city of the fourth class, proceeds as follows:
“. . . that at all times herein mentioned Washington street at the places herein mentioned was an open public street within said city of Neosho and graded and worked as such;'that on July 12, 1902, the plaintiff was driving a team and wagon, which said wagon was loaded with wheat, along and across said Washington street at a point thereon where the alley running east and west through block 7, Neosho proper, intersects said Washington street, for the…
2Cases cited15 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
- Fish v. FishMissouri Court of Appeals · 1957
- Birdsong Ex Rel. Kenny v. JonesMissouri Court of Appeals · 1928
- Kingsley v. Kansas CityMissouri Court of Appeals · 1912
- Ballard v. Kansas CityMissouri Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.