Costello v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ron: TUowúas B. Buckner, Judge. (1) The court erred in refusing to give the instructions asked by the defendant city, (a) No proper notice having been served upon Kansas City, plaintiff was not entitled to more than nominal damage in any event. The service of a proper notice is- a condition precedent to the right of- a plaintiff to recover in a suit of this kind. Reid v. Kansas City, 195 Mo. A-pp-. 457; Jacobs v. St. Joseph, 127 Mo.
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Appeal from Jackson Circuit Court. — Ron: TUowúas B. Buckner, Judge. (1) The court erred in refusing to give the instructions asked by the defendant city, (a) No proper notice having been served upon Kansas City, plaintiff was not entitled to more than nominal damage in any event. The service of a proper notice is- a condition precedent to the right of- a plaintiff to recover in a suit of this kind. Reid v. Kansas City, 195 Mo. A-pp-. 457; Jacobs v. St. Joseph, 127 Mo. App. ^672. (b)The court erred in refusing to give instruction 14 asked by defendant city. Said instruction submitted the…
1Opinion of the Court
The plaintiff recovered judgment against both defendants in the Circuit Court of Jackson County, in the sum of two thousand dollars for personal injuries. The case was appealed to the Kansas City Court of Appeals, where the judgment was affirmed, and afterwards, on motion for rehearing, certified to this court, because the opinion was considered by that court to be in conflict with the opinion of this court in the case of Mathieson v. Railroad, 219 Mo. 542.
On the twenty-first day of April, 1917, plaintiff was a passenger on a car operated by the defendant Kansas City Railways Company, on what…
2Cases cited15 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- O'Connell v. St. Louis Cable & Western Railway Co.Supreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lewis Ex Rel. Piening v. ZagataSupreme Court of Missouri · 1942
- Williamson v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Elgin v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1947
- Watt v. St. Louis Public Service CompanySupreme Court of Missouri · 1962
14 more not listed; retrieve them via the Exa API.