Pierson v. City of Lebanon
Missouri Court of Appeals
Appeal from the Laclede Circuit Court. — Hon. O. O. Bland, Judge. The street, although on the plat, was not opened nor used as a street, and negligence can not be predicated on the injury to defendant under the facts of this ease. Sdnveihardt v. St. Louis, 2 Mo. App. 571; Craig v. Sedalia, 63 Mo. 417. Plaintiff was not bound to keep the street in repair. It was not necessary for the convenience and use of the public. It was not used by the public.
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Appeal from the Laclede Circuit Court. — Hon. O. O. Bland, Judge. The street, although on the plat, was not opened nor used as a street, and negligence can not be predicated on the injury to defendant under the facts of this ease. Sdnveihardt v. St. Louis, 2 Mo. App. 571; Craig v. Sedalia, 63 Mo. 417. Plaintiff was not bound to keep the street in repair. It was not necessary for the convenience and use of the public. It was not used by the public. Craig v. Sedalia, supra; Brown v. Glasgow, 57 Mo. 157. Bassett v. St. Joseph, 53 Id. 290; Roe v. City of Kansas, 100 Id. 190; Walker v. City of…
1Opinion of the CourtBond, J.
Plaintiff recovered a judgment against defendant for $1,000 for injuries sustained by being thrown out of a wagon while driving from one street to another. Defendant has appealed.
Public street: sufficiency of evidence to show. Two errors are assigned: First, that'defendant was not bound to keep the street in repair on account of its nonuser by the public. The two streets at whose intersection at right angles the accident happened, were shown on the plat of the defendant city. There was testimony also tending to show that they were used by the public prior to and at the time of the accident.…
2Cases cited2 opinions
- Cohn v. City of KansasSupreme Court of Missouri · 1891
- Boyd v. City of SpringfieldMissouri Court of Appeals · 1895