McCarroll v. Kansas City
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richabd Field, Judge. (1) The demurrer to the evidence should have been sustained. There was a failure of proof. Clark v. Clark, 58 Mo. App. 532; Haniforcl v. The City of Kansas, 103 Mo. 182; Waldhier v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Edéns v. Railroad, 72 Mo. 212; Bullenev.
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Appeal from the Lafayette Circuit Court. — Hon. Richabd Field, Judge. (1) The demurrer to the evidence should have been sustained. There was a failure of proof. Clark v. Clark, 58 Mo. App. 532; Haniforcl v. The City of Kansas, 103 Mo. 182; Waldhier v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Edéns v. Railroad, 72 Mo. 212; Bullenev. Smith et al., 73 Mo. 151; Ely v. Railroad, 77 Mo. 34. City charter, section 11, article 7, can only be enforced when the petition correctly alleges by whom the negligent, careless, or unskillful work was done. (2) Instruction number 4, for plaintiff,…
1Opinion of the CourtGill, J.
In the year 1887, under a franchise granted by defendant, a street car line was constructed on Vine street from Eighteenth street to the southern limits of Kansas 'City. A portion of this street was then in a rough and ungraded condition and was located along the course of a branch. In constructing the ■street railway line, the city required the company to bring up the surface of the roadway to a grade then established; and in order to retain the fill (which was ten to fifteen feet in some places) the street railway company was required to erect a stone wall, from the natural surface up to…
2Cases cited8 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Hinds v. City of MarshallMissouri Court of Appeals · 1886
- Oliver v. City of KansasSupreme Court of Missouri · 1878
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3Cited by3 opinions
- Crockett v. City of MexicoSupreme Court of Missouri · 1934
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- Rose v. McCookMissouri Court of Appeals · 1897