Anthony v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ho». L. J. Eastin, Judge. (1) The written notice served on the city was defective, and therefore defendant’s demurrer should have been sustained. R. S. 1899, sec. 5724; Cardner v. City of New London, 28 Atl. R. 42; Larkin v. Boston, 128 Mass. 522; F’religh v. Directors of Sogrates, 70 Hun. 589, 24 N. Y. Sup. 182; Donnelly v. City of Fall River, 132 Mass. 299; White v. Stowe, 54 Vt. 510; Lilly v. Town of Woodstock, 59 Conn. 219', 22 Atl.
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Appeal from Buchanan Circuit Court. — Ho». L. J. Eastin, Judge. (1) The written notice served on the city was defective, and therefore defendant’s demurrer should have been sustained. R. S. 1899, sec. 5724; Cardner v. City of New London, 28 Atl. R. 42; Larkin v. Boston, 128 Mass. 522; F’religh v. Directors of Sogrates, 70 Hun. 589, 24 N. Y. Sup. 182; Donnelly v. City of Fall River, 132 Mass. 299; White v. Stowe, 54 Vt. 510; Lilly v. Town of Woodstock, 59 Conn. 219', 22 Atl. R. 40; G-iddings v. Iowa, 54 Vt. 346 ; Taylor v. Inhabitants of Woburn, 130 Mass. 498; Sherry v. Town of Rochester, 62…
1Opinion of the CourtEllison, J.
Plaintiff’s action is founded on an injury received on one of defendant’s streets, which is charged to have been negligently maintained. The judgment in the trial court was for plaintiff.
The petition states and evidence shows the injury occurred on the 13th day of August, 1908, while the notice to the city which the statute (sec. 5724, R. S. 1899) requires to be given, is that it occurred on the 14th of that month. The variance between the true date and the notice is fatal. [Canter v. St. Joseph, 126 Mo. App. 629; Gardner v. New London, 63 Conn. 267; Larkin v. Boston, 128 Mass. 521; White v.…
2Cases cited4 opinions
- Gardner v. City of New LondonSupreme Court of Connecticut · 1893
- Larkin v. City of BostonMassachusetts Supreme Judicial Court · 1880
- White v. Town of StoweSupreme Court of Vermont · 1881
- Canter v. City of St. JosephMissouri Court of Appeals · 1907
3Cited by3 opinions
- Brickell v. KANSAS CITY, MOSupreme Court of Missouri · 1954
- Willis v. City of St. JosephMissouri Court of Appeals · 1914
- Kling v. Kansas CityMissouri Court of Appeals · 1933