Flynn v. City of Neosho
Supreme Court of Missouri
Appeal from Jasper Circuit Court.—Hon. M. Gr. McGIbegoe, Judge. The plat introduced in evidence bad never been acknowledged or recorded, and was not tbe official map of the county surveyor and was incompetent. Revised Statutes, 1889, sec. 7311. It was not evidence of the dedication of North Spring street. California v. Howard, 78 Mo. 88; Wither son v. Fisher, 50 Mo. 198; Hicks v. Ins. Co., 6 Mo. App. 257; Sumner v. Tuck, 10 Mo.
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Appeal from Jasper Circuit Court.—Hon. M. Gr. McGIbegoe, Judge. The plat introduced in evidence bad never been acknowledged or recorded, and was not tbe official map of the county surveyor and was incompetent. Revised Statutes, 1889, sec. 7311. It was not evidence of the dedication of North Spring street. California v. Howard, 78 Mo. 88; Wither son v. Fisher, 50 Mo. 198; Hicks v. Ins. Co., 6 Mo. App. 257; Sumner v. Tuck, 10 Mo. App. 278. Whatever hazard there was in passing over the sidewalk was voluntarily assumed by the plaintiff, he being acquainted with the sidewalk. The •sidewalk off of…
1Opinion of the CourtBuhgfss, J.
This is an action to recover damages against the defendant, a municipal corporation, for injuries sustained by the plaintiff on account of a defective sidewalk.
Plaintiff was, at the time of the injury, a comparative stranger in the city of Neosho, only having been there two or three days, and ingoing from the depot of the St. Louis & San Francisco railroad, which is located about a mile distant from the city, into the city proper, and in walking along North Spring street during the darkness of the night, and in attempting to pass over the sidewalk where it was built about from three to five…
2Cases cited8 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Loewer v. City of SedaliaSupreme Court of Missouri · 1883
- Lowell v. Township of WatertownMichigan Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McDonald Ex Rel. Baber v. Kansas City Gas Co.Supreme Court of Missouri · 1933
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
- Chilton v. City of St. JosephSupreme Court of Missouri · 1898
- Nixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1897
9 more not listed; retrieve them via the Exa API.