Twedell v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Son. W. K. Amich, Judge.' (1) Defendant’s demurrer should have been'sustained for the following reasons: (a) That portion of the street where plaintiff was injured the city had never opened up or improved for use by the public. Curran v. St. Joseph, 143 Mo.
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Appeal from Buchanan Circuit Court. — Son. W. K. Amich, Judge.' (1) Defendant’s demurrer should have been'sustained for the following reasons: (a) That portion of the street where plaintiff was injured the city had never opened up or improved for use by the public. Curran v. St. Joseph, 143 Mo. App. 618; Downend v. Kansas City, 156 Mo. 60; Ely v. St. Louis, 181 Mo. 723. (b) Plaintiff was familiar with, the condition of the street at that point and she was gnilty of contributory negligence in attempting to use it when it was so dark that she could not see. Bohl v. Dell Rapids, 91 1ST. W. 315;…
1Opinion of the CourtJohnson, J.
Plaintiff sued the city of St. Joseph, a city of the second class, to' recover damages fol personal injuries she alleges were caused by the negligence of defendant. The answer is a general denial and a plea of contributory negligence. The cause is here on the appeal of defendant from a judgment of $500, recovered by plaintiff in the circuit court.
On her return home from a visit to a neighbor, plaintiff fell into a hole or gully made by the erosion of surface water near an intake the city maintained at the intersection of Eighteenth and Belle streets and sustained the injuries of which she…
2Cases cited5 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Downend v. Kansas CitySupreme Court of Missouri · 1900
- Curran v. City of St. JosephMissouri Court of Appeals · 1910
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
3Cited by6 opinions
- German v. CommissionerUnited States Tax Court · 1943
- Stewart v. George B. Peck Co.Missouri Court of Appeals · 1939
- Hendrickson v. City of AstoriaOregon Supreme Court · 1928
- Irwin v. McDougalMissouri Court of Appeals · 1925
- Cowgill v. City of St. JosephMissouri Court of Appeals · 1914
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