Hill v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. The court erred in admitting in evidence the written notice offered, by plaintiff, there being no evidence that the same had been served upon the city, (a) The affidavit of Mr. Mitchell reciting that he had served the notice was not competent evidence. Patterson v. Fagan et al., 38 Mo. 82. (b) The statute requiring this notice to be served upon the city, does not provide that service may be shown by affidavit.
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Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. The court erred in admitting in evidence the written notice offered, by plaintiff, there being no evidence that the same had been served upon the city, (a) The affidavit of Mr. Mitchell reciting that he had served the notice was not competent evidence. Patterson v. Fagan et al., 38 Mo. 82. (b) The statute requiring this notice to be served upon the city, does not provide that service may be shown by affidavit. R. S-. 1899, sec. 5724. (c) The return as to service of notice or summons by an officer, or by an individual, becomes…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages against the city of St.' Joseph, for injuries received by plaintiff on account of an alleged defect in one of its sidewalks.
The injury was received on the 2d day of December, 1908, at the intersection of Clark and Green streets, while plaintiff was passing over a board sidewalk. Plaintiff’s evidence tended to show that he lived on Green street a few blocks west of the place in question ; that he was in the habit of passing over the walk, but prior to his injury he had never noticed its condition; that the walk was constructed of two boards placed lengthwise on…
2Cited by1 opinion
- Alexander v. City of St. JosephMissouri Court of Appeals · 1913