Reese v. City of St. Louis
Supreme Court of Missouri
Appeal from St.- Louis City Circuit Court.— Hon. Kent K. Koern&r, Judge. (1) The main instruction is too broad and is misleading under the "issues and the notice served on the city. It fails to embody an essential element of plaintiff’s case, the question whether a valid notice was served on the city. Walker v. White, 192 Mo. Appi. 13; Burrows v. Likes, 180' Mo. App. 447; Oraton v. Hunt-zinger, 163 Mo.
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Appeal from St.- Louis City Circuit Court.— Hon. Kent K. Koern&r, Judge. (1) The main instruction is too broad and is misleading under the "issues and the notice served on the city. It fails to embody an essential element of plaintiff’s case, the question whether a valid notice was served on the city. Walker v. White, 192 Mo. Appi. 13; Burrows v. Likes, 180' Mo. App. 447; Oraton v. Hunt-zinger, 163 Mo. App. 718; Hackenyos v. City, .203 S. W. 986; State ex rel. v. Ellison, 272 Mo. 583; State ex rel. v. Ellison, 270 Mo. 645. (1) The construction of the written notice served on the mayor of the…
1Opinion of the Court
The plaintiff brought this action originally against the City of St. Louis, to recover damages on account of the death of her husband, David M. Reese, alleged to have been caused by the negligence of said city. On the 31st day of August, 1914, the plaintiff amended her petition by making the Southwestern Telegraph Telephone Company a party defendant. The petition upon which the suit was tried alleged that plaintiff was the wife of deceased up to his death; alleged the corporate character of both defendants and a number of other facts by way of inducement. It then proceeds as follows: "That on…
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