Hutchinson v. Mullins
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. (1) The failure of the Legislature to provide specific methods of administering sec. 9801 does not make that section noneffective. Householder v. Kansas City, 83 Mo. 488; State ex rel. v. Taylor, 224 Mo. 393; Walker v. Sedalia, 74 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. (1) The failure of the Legislature to provide specific methods of administering sec. 9801 does not make that section noneffective. Householder v. Kansas City, 83 Mo. 488; State ex rel. v. Taylor, 224 Mo. 393; Walker v. Sedalia, 74 Mo. App. 70'; 1 Cyc. 706. (2) Where a petition does not state sufficient facts to make a cause of action its insufficiency cannot be corrected by any other pleading of the plaintiff, or of any other party. Mathieson v. St. Louis, etc., Co., 219 Mo'. 542. (3) Sec. 9801 and similar laws confer a…
1Opinion of the CourtTrimble, J.
Plaintiff sued for damages received in being tripped and thrown on a dangerous and unsafe sidewalk, made so by a piece of sewer pipe negligently left thereon and allowed to remain there so long before her fall as to give the city notice of the defect in time to have removed it had the city exercised ordinary care. A trial was had resulting in a verdict for plainCff against the defendant, Kansas City, in the sum of $1000 from which the city has appealed.
The original petition sued Kansas City and one W. C. Mullins, a contractor who had a contract with the city to put in sewers on a number of…
2Cases cited2 opinions
- Kilroy v. City of St. LouisSupreme Court of Missouri · 1912
- Shippey v. Kansas CitySupreme Court of Missouri · 1913
3Cited by14 opinions
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- Gerber Ex Rel. Gerber v. Kansas CitySupreme Court of Missouri · 1925
- Klaber v. Kansas City, MissouriMissouri Court of Appeals · 1929
- Roy v. Kansas CityMissouri Court of Appeals · 1920
- Costello v. City of KansasMissouri Court of Appeals · 1921
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