Legal Opinion

Buckley v. Kansas City

Supreme Court of Missouri

Decided March 30, 1900PublishedCited by 12 opinions

Appeal from Jackson Circuit Court.- — Hon. John W. Henry, Judge. (1) There was no testimony showing when the alleged defective condition of the iron flanges begun, and in the absence of direct notice there was no evidence on which to base notice of any -sort to the city. Baustain v. Young, 152 Mo. 317; Ca-rvin v. Mfg.

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Appeal from Jackson Circuit Court.- — Hon. John W. Henry, Judge. (1) There was no testimony showing when the alleged defective condition of the iron flanges begun, and in the absence of direct notice there was no evidence on which to base notice of any -sort to the city. Baustain v. Young, 152 Mo. 317; Ca-rvin v. Mfg. Co., 52 S. W. Rep. 210; Ruggles v. Nevada,. 63 Iowa, 185; Dundas v. Lansing, 75 Mich. 499. (2) If the defendant, William M. Hall, exercised reasonable care and prudence, as the jury found he did, and he could not discover the defect in question, then there certainly can be no…

1Opinion of the CourtMarshall, J.

Damages for personal injuries received by reason of the giving away of a sidewalk.

The petition alleges that William M. Hall was the owner of premises numbered 818 Walnut Street, in Kansas City, Mo.; that he had caused an areaway to be made in front of said building, under the sidewalk and adjoining the building; that the western four feet of the sidewalk adjoining the building was “constructed of iron plates, set in iron frames and containing small glass lights known as prismatic lights or bulls eye lights.” which construction was known to the city; “that said defendants” (the city and Hall)…

2Cases cited4 opinions

  1. James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
  2. Baustian v. YoungSupreme Court of Missouri · 1899
  3. Carvin v. City of St. LouisSupreme Court of Missouri · 1899
  4. Roe v. City of KansasSupreme Court of Missouri · 1889

3Cited by12 opinions

  1. Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
  2. Sherwin v. City of AuroraIllinois Supreme Court · 1913
  3. Shippey v. Kansas CitySupreme Court of Missouri · 1913
  4. Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  5. Johnston v. Kansas CityMissouri Court of Appeals · 1922

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