Garnett v. City of Slater
Missouri Court of Appeals
Appeal from the. Saline Circuit Court. — Hon. Richard Eield, Judge. (1) The demurrer to the evidence should have been sustained. The plat introduced by plaintiff showed that there was no street or highway at the point where the fence was built, and negatived the intention to dedicate land for a street at said point. And no act of the owner of the land is proved to show an intention different from what appears from the plat.
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Appeal from the. Saline Circuit Court. — Hon. Richard Eield, Judge. (1) The demurrer to the evidence should have been sustained. The plat introduced by plaintiff showed that there was no street or highway at the point where the fence was built, and negatived the intention to dedicate land for a street at said point. And no act of the owner of the land is proved to show an intention different from what appears from the plat. The evidence shows that, the plat was on record as required by law. Brink v. Collier, 56 Mo. 160; McShanev. The City of Moberly, 79 Mo. 41; Landis v. Hamilton, 77 Mo. 554;…
1Opinion of the CourtSmith, P. J.
— This is a suit for damages for injury to two mules, caused by the negligence of the defendant in permitting a barbed wire fence to be constructed and maintained across an alleged street within the corporate limits of. the city of Slater, whereby a team of mules owned by plaintiff were injured. It is admitted that at the time of the injury defendant was a city of the fourth class, and that the injury occurred within its corporate limits.
The evidence tended to prove that the mules were being driven in the night time, hitched to a wagon, in a northwesterly direction, and ran into a barbed wire…
2Cases cited10 opinions
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
- Haniford v. City of KansasSupreme Court of Missouri · 1890
- Village of Mansfield v. MooreIllinois Supreme Court · 1888
- Owens v. CrossettIllinois Supreme Court · 1883
- Golden v. City of ClintonMissouri Court of Appeals · 1893
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3Cited by6 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Sassman v. CollinsCourt of Appeals of Texas · 1908
- Meiners v. City of St. LouisSupreme Court of Missouri · 1895
- Drimmel v. Kansas CityMissouri Court of Appeals · 1914
- Downend v. Kansas CityMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.