Downend v. Kansas City
Supreme Court of Missouri
Appeal from Jackson 'Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred in admitting in evidence the resolutions adopted by the common council approving the plat of Mt. Evanston addition and Cook and Dudley’s addition. Downend v. Kansas City, Yl Mo.
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Appeal from Jackson 'Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred in admitting in evidence the resolutions adopted by the common council approving the plat of Mt. Evanston addition and Cook and Dudley’s addition. Downend v. Kansas City, Yl Mo. App. 529; St. Louis v. St. Louis University, 88 Mo. 155; Hahn v. Sweazea, 29 Mo. 199. (2) The court erred in instructing the jury that the accept-' anee of Twenty-third street by the city so as to make the city liable for repairs upon it could be established solely by evidence of its use by the public as a highway. Meiners v. St.…
1Opinion of the CourtMarshall, J.
The plaintiff sues the defendant for damages for injuries sustained by her by falling on a sidewalk on what is alleged to be a public street of the city. The principal question in the case is whether it was such a public street. It is called 23rd street, and extends from Woodland avenue westwardly for a distance of about one hundred and • fifty feet, at which point there is a bluff about thirty feet high, which effectually stops travel, but from the top of the bluff it extends westwardly to Highland avenue, and perhaps further.
This alleged street is claimed to have become a public street in…
2Cases cited15 opinions
- Gilder v. City of BrenhamTexas Supreme Court · 1887
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Doyle v. City of ChattanoogaTennessee Supreme Court · 1913
- Conner v. City of NevadaSupreme Court of Missouri · 1905
- Stickley v. Township of SodusMichigan Supreme Court · 1902
- Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
- City of Laddonia v. DaySupreme Court of Missouri · 1915
22 more not listed; retrieve them via the Exa API.