Rusher v. City of Aurora
Missouri Court of Appeals
Appeal from the Laiurence Circuit Court. — Hon. J. C. Lamson, Judge. The petition was fatally defective in failing to state any knowledge on the part of defendant of the defect which caused the injury, or that such defect had continued for such'length of time that defendant could have known it. Scott v. Robarás, 67 Mo. at 293; Story v. Ins. Co., 61 Mo. App. at 538; Pier v. Heinrichoffen, 52 Mo. at 336. Plaintiff’s evidence did not aid the defective petition.
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Appeal from the Laiurence Circuit Court. — Hon. J. C. Lamson, Judge. The petition was fatally defective in failing to state any knowledge on the part of defendant of the defect which caused the injury, or that such defect had continued for such'length of time that defendant could have known it. Scott v. Robarás, 67 Mo. at 293; Story v. Ins. Co., 61 Mo. App. at 538; Pier v. Heinrichoffen, 52 Mo. at 336. Plaintiff’s evidence did not aid the defective petition. There must have been knowledge to create a liability. 2 Dill. Mun. Corp. [4 Ed.], see. 1024; Schweiclchardt v. St. Louis, 2 Mo. App. at…
1Opinion of the CourtBiggs, J.
It is admitted that Olive street is a traveled street in the city of Aurora. It runs east and west. That portion of it which extends from Jefferson to Elton avenues (a distance of one block) is graded and has a sidewalk constructed along the entire north side of the block. On the south side there are *423houses on each corner of the block, opposite to which sidewalks are built. Between the two houses the lots are unimproved. The grade of the sidewalk along the unimproved portion of the block was raised by the city so as to conform to the grade of the street. The fill was made with cobble stones…
2Cases cited6 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Cohn v. City of KansasSupreme Court of Missouri · 1891
- Mitchell v. City of PlattsburgMissouri Court of Appeals · 1889
- Walker v. Town of Point PleasantMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Edgewater Health Care, Inc. v. Health Systems Management, Inc.Missouri Court of Appeals · 1988
- Hendrickson v. City of AstoriaOregon Supreme Court · 1928
- Bianchetti v. LuceMissouri Court of Appeals · 1927