Heman Construction Co. v. O'Brien
Missouri Court of Appeals
Appeal from the St. Louis City Circuit court, i (1) The special tax bill made a prima facie case for plaintiff. Donovan v. Coles, 33 Mo. App. 161; Paving Co. v. Young, 68 Mo.
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Appeal from the St. Louis City Circuit court, i (1) The special tax bill made a prima facie case for plaintiff. Donovan v. Coles, 33 Mo. App. 161; Paving Co. v. Young, 68 Mo. App. 175; Moberly v. Hogan, 131 Mo. 19. (2) The court erred in permitting the witness, John O’Brien, to testify with reference to tbe sidewalk that “the condition was all good,” “it was all repaired,” and “there was not any place that was out of repair,” and in refusing to strike out such parts of his testimony, (a) It is elementary that a witness must state facts — not conclusions of his own. (b) The street…
1Opinion of the CourtBiggs, J.
This is an action on a special tax bill for repairs on a sidewalk in front of premises owned by defendants and situated in the city of St. Louis. The bill was issued to plaintiff’s assignor who did the work, and the defendants were named in the tax bill as owners of the property. The repairs were made in July, 1896. The defenses were (1) that in *641August, 1895, notice was given to defendants by the street commissioner of the city, that á certain portion of the sidewalk, to wit, fifteen feet (15 ft.) to the full width of the walk was out of repair and requiring the defendant to make the…
2Cases cited6 opinions
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Moberly v. HoganSupreme Court of Missouri · 1895
- Eyerman v. SheehanSupreme Court of Missouri · 1873
- White v. StonerMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gardner v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909