Walker v. Town of Point Pleasant
Missouri Court of Appeals
Appeal from the New Madrid Circuit Court. — Hon.. H. C. O’Bbyan, Judge. (1) Tbe court was mistaken as to the law in this; case, and proceeded npon the theory and belief that the road in question was one of the public streets of the city. This was simply a wagon road along the bank of the river. To constitute a public street there must be an ordinance establishing it, or an acceptance in some manner, by the city. Skrainka v. Oertel, 44 Mo.
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Appeal from the New Madrid Circuit Court. — Hon.. H. C. O’Bbyan, Judge. (1) Tbe court was mistaken as to the law in this; case, and proceeded npon the theory and belief that the road in question was one of the public streets of the city. This was simply a wagon road along the bank of the river. To constitute a public street there must be an ordinance establishing it, or an acceptance in some manner, by the city. Skrainka v. Oertel, 44 Mo. App. 474; Churchman v. Kansas City, 44 Mo. App. 665. (2) The court erred in giving instruction, numbered 1. It is based upon a wrong theory of the law, and…
1Opinion of the CourtRombauer, P. J.
The suit is one to recover damages for personal injuries, sustained by the plaintiff owing to the defective condition of one of the defendant’s bridges on a public highway. The defendant, appealing, assigns for error that the petition states no cause of action, and the evidence shows none, and that the court misdirected the jury as to the law.
Such parts of the petition, as bear upon the question presented, are in the following words: “That the defendant is a municipal corporation under the laws of said state located in said county, with power and authority to sue and be sued; that plaintiff,…
2Cases cited6 opinions
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Squires v. City of ChillicotheSupreme Court of Missouri · 1886
- Beaudean v. City of Cape GirardeauSupreme Court of Missouri · 1880
- Bonine v. City of RichmondSupreme Court of Missouri · 1882
- Pierce v. Inhabitants of LutesvilleMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pugh v. St. Louis Police Relief Assn.Missouri Court of Appeals · 1944
- State Ex Rel. Consolidated School District v. JonesSupreme Court of Missouri · 1928
- Bradley v. City of SpickardsvilleCourt of Appeals of Kansas · 1901
- Rusher v. City of AuroraMissouri Court of Appeals · 1897