Legal Opinion

Hill v. City of Sedalia

Missouri Court of Appeals

Decided January 20, 1896PublishedCited by 10 opinions

Appeal from the Pettis Circuit Court. — Hon. Riohabd Field, Judge. (1) Was there or not such a dedication of the ground where the accident occurred, for a street, and acceptance thereof by the city, as to make the city liable for the condition of the sidewalk there? We say no. 2 Dillon, Municipal Corporations [2 Ed.], sec. 505, with note and cases cited. Hunter v. Weston, 111 Mo. 176; Skrainka v. Oertel, 14 Mo.

Read the full summary

Appeal from the Pettis Circuit Court. — Hon. Riohabd Field, Judge. (1) Was there or not such a dedication of the ground where the accident occurred, for a street, and acceptance thereof by the city, as to make the city liable for the condition of the sidewalk there? We say no. 2 Dillon, Municipal Corporations [2 Ed.], sec. 505, with note and cases cited. Hunter v. Weston, 111 Mo. 176; Skrainka v. Oertel, 14 Mo. App. 474, and cases; Moore v. Cape Girardeau, 103 Mo. 470, and cases; Golden v. Clinton, 54 Mo. App. 100, and cases. Subsidiary to this we say it was error for the court to change…

1Opinion of the CourtGill, J.

This is an action for damages because of personal injuries received by the plaintiff while passing over a defective sidewalk in Sedalia. Both parties are complaining; the defendant, on account of numer*498ous alleged errors in the trial of the main ease, and the plaintiff, on account of the court’s action in taxing costs against her. .

On a trial by jury, plaintiff had a verdict and judgment for $2,300, and from this defendant appealed. The principal facts will be mentioned in the course of the opinion.

I. Defendant’s first, and perhaps main, contention is, that plaintiff was not injured on one of…

2Cases cited5 opinions

  1. Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
  2. Golden v. City of ClintonMissouri Court of Appeals · 1893
  3. Harrington v. City of SedallaSupreme Court of Missouri · 1889
  4. Kennerly v. MartinSupreme Court of Missouri · 1844
  5. Young v. Kansas CityMissouri Court of Appeals · 1891

3Cited by10 opinions

  1. Benton v. City of St. LouisSupreme Court of Missouri · 1909
  2. Hickey v. WelchMissouri Court of Appeals · 1901
  3. City of North Kansas City, Missouri v. P. Clifford SharpCourt of Appeals for the Eighth Circuit · 1969
  4. Hoechst v. BangertSupreme Court of Missouri · 1969
  5. Munger v. City of SedaliaMissouri Court of Appeals · 1896

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API