Heberling v. City of Warrensburg
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Eon. William L. Jarrott, Judge. (1) The demurrer to the evidence should have been given. The petition declares upon a defective construction; that is, that a certain box culvert in a dirt street was negligently and carelessly removed and the place filled in with dirt. Haines v. Pearson, 100' Mo.
Read the full summary
Appeal from Johnson Circuit Court. — Eon. William L. Jarrott, Judge. (1) The demurrer to the evidence should have been given. The petition declares upon a defective construction; that is, that a certain box culvert in a dirt street was negligently and carelessly removed and the place filled in with dirt. Haines v. Pearson, 100' Mo. App. 551. Inasmuch as all the evidence shows that the place was filled in the usual and customary way and was safe for travel when finished, and that if it ever became unsafe and dangerous it became so afterwards by reason of the rains and the travel over it,…
1Opinion of the CourtGantt, J.
This is an appeal from an order of the circuit court of Johnson county, granting the plaintiff a new trial after a verdict for the defendant.
The action was one for damages caused by an alleged defective and dangerous condition of a street in the city of Warrensburg. The petition in substance alleged that the city of Warrensburg, on the 17th day .of December, 1902, and for a long time prior thereto, was and ever since has been a municipal corporation *608under the laws of this State, and that it had power and control over the public streets within its corporate limits and had authority to…
2Cases cited10 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
- Cohn v. City of KansasSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Bean v. City of MoberlySupreme Court of Missouri · 1943
- Jones v. Kansas CitySupreme Court of Missouri · 1951
- Meeker ex rel. Meeker v. Union Electric Light & Power Co.Supreme Court of Missouri · 1919
- Sloan v. American PressSupreme Court of Missouri · 1931
26 more not listed; retrieve them via the Exa API.