Waltemeyer v. Kansas City
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in refusing to instruct the jury peremptorily to find for appellant, for the reason that the opening of the fire hydrant to keep it from freezing was an act done in the performance of a public governmental duty to extinguish fires for which the city is not liable. McKenna v. St. Louis, 6 Mo. App. 320; Heller v. Sedalia, 53 Mo. 159; Tiedeman, Mun. Corp., sec. 333; Dillon, Mun.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in refusing to instruct the jury peremptorily to find for appellant, for the reason that the opening of the fire hydrant to keep it from freezing was an act done in the performance of a public governmental duty to extinguish fires for which the city is not liable. McKenna v. St. Louis, 6 Mo. App. 320; Heller v. Sedalia, 53 Mo. 159; Tiedeman, Mun. Corp., sec. 333; Dillon, Mun. Corp. [4 Ed.], see. 976; Howard v. San Francisco, 51 Cal. 52; Alexander v. Vicksburg, 68 Miss. 564; Grabe v. St. Paul, 34 Minn. 402;…
1Opinion of the CourtG-ill, J.
This is an action for personal injuries, received by the plaintiff February 7, 1895, from a fall on ice which had accumulated on the street crossing at Twenty-second street and Woodland avenue, Kansas City. There was a water hydrant at the northwest corner of these streets — placed there at what is called the “dead end” of a water main. At that date the National Waterworks Company owned the water system at Kansas City; and it seems that during the very cold weather of that winter the water company had at intervals opened this hydrant and let the water flow onto the street. This was done to…
2Cases cited5 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.Supreme Court of Missouri · 1894
- Hinds v. City of MarshallMissouri Court of Appeals · 1886
- Taylor v. City of SpringfieldMissouri Court of Appeals · 1895
3Cited by12 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Meindersee v. MeyersCalifornia Supreme Court · 1922
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Dudley v. PrimaNevada Supreme Court · 1968
- Mancuso v. Kansas CityMissouri Court of Appeals · 1898
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