Roth v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.- — Hon. Wm. D. Rusk, Judge. (1) Plaintiff’s petition does not state a cause of ■ action. Sec. 5438, R. S. Mo. 1909; Laws, 1907, p. 252; Greer v. Eailroad, 158 S. W. 740 (not yet reported); Millan v. Transit Co., 216 Mo. 99; Bates v. Sylvester, 205 Mo. 493. (2) Defendant’s right to object to sufficiency of petition been waived by not taking advantage of defect at time of trial.
Read the full summary
Appeal from Buchanan Circuit Court.- — Hon. Wm. D. Rusk, Judge. (1) Plaintiff’s petition does not state a cause of ■ action. Sec. 5438, R. S. Mo. 1909; Laws, 1907, p. 252; Greer v. Eailroad, 158 S. W. 740 (not yet reported); Millan v. Transit Co., 216 Mo. 99; Bates v. Sylvester, 205 Mo. 493. (2) Defendant’s right to object to sufficiency of petition been waived by not taking advantage of defect at time of trial. Greer v. Eailroad, 158 S. ~W. 745; Childs v. Eailroad, 117 Mo. 427Paddock v. Sommes, 102 Mo. 226; Schoen v. Eailroad, 164 Mo. App. 46; Hanson v. Neal, 215 Mo. 278; E. S. Mo. 1909,…
1Opinion of the CourtTrimble, J.
In this action damages are sought against the city of St. Joseph on account of a nuisance adjacent to Mrs. Anna Guczman’s residence. The alleged nuisance consisted of a stagnant and miasmatic pool which was injurious to her health and also to the ■desirability and rental value of her property as a home during the time sued for. The case was here once before on an appeal by the defendant from an order' •of the trial court granting a new trial to plaintiff, defendant contending, at that time, that plaintiff had no •case and was not entitled to go to the jury. [Roth, Admr., v. City of St.…
2Cases cited11 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Bates v. SylvesterSupreme Court of Missouri · 1907
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1908
- Padgett v. SmithSupreme Court of Missouri · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jordan v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1934
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- Wynn v. McMahon Ford CompanyMissouri Court of Appeals · 1967
- Twentieth Century Machinery Co. v. Excelsior Springs Mineral Water & Bottling Co.Supreme Court of Missouri · 1918
- Lach v. BucknerMissouri Court of Appeals · 1935
2 more not listed; retrieve them via the Exa API.