Golden v. City of Clinton
Missouri Court of Appeals
Error to the Henry Circuit Court. — Hon. James H. Lay* Judge. (1) The petition is fatally defective. There is no averment in the petition directly or by implication that, the city of Clinton had ever opened or established Allen street by ordinance or otherwise.
Read the full summary
Error to the Henry Circuit Court. — Hon. James H. Lay* Judge. (1) The petition is fatally defective. There is no averment in the petition directly or by implication that, the city of Clinton had ever opened or established Allen street by ordinance or otherwise. Révised Statutes, 1889, secs. 1495, 1498, 1514, art. 4, ch. 30; 2 Dillon on Municipal Corporations [3 Ed.] secs. 949,. 1041, ch. 23. No liability attaches to a city of the third class for nonrepair of streets until the street, has been opened or established as such by ordinance and the public invited to use it as and for a street for…
1Opinion of the CourtSmith, P. J.
— This is an action brought by the plaintiff against defendant, a city of the third class, to recover damages for personal injuries. The plaintiff had judgment and the defendant has brought the case here by writ of error.
I. The defendant city assails the plaintiff’s petition on the ground that there is no allegation therein *109either directly or by implication that it had ever opened or established Allen street, where the alleged injury occurred, by ordinance or otherwise. By reference to this pleading we find that it in terms charges that Allen street constituted a public highway of the…
2Cases cited27 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Marvel Schillie, Administratrix of the Estate of Marion Schillie, Deceased v. Atchison, Topeka & Santa Fe Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Hebenheimer v. City of St. LouisSupreme Court of Missouri · 1916
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
11 more not listed; retrieve them via the Exa API.