Kansas City v. Mitchener
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — lion. E. P. Gates? Judge. (1) Lydia C. Mitchener was jointly liable with the city to Mary Ryan for maintaining the driveway. Dillon on Mun. Corp. (4 Ed.), sec. 1032; Wood on Nuisances, sec. 120;. Matthews v. Railway, 26 Mo. App. 75; Stevens v. Walpole, 76 Mo. App. 218; Irvine v. Wood, 51 N. T. 224; Arpin v. Bowman, 83 Wis. 54; Cooley on Torts (2 Ed.), 729 n.; Merrill v. St. Louis, 83 Mo. 244; s. c., 12 Mo.
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Appeal from the Jackson Circuit Court. — lion. E. P. Gates? Judge. (1) Lydia C. Mitchener was jointly liable with the city to Mary Ryan for maintaining the driveway. Dillon on Mun. Corp. (4 Ed.), sec. 1032; Wood on Nuisances, sec. 120;. Matthews v. Railway, 26 Mo. App. 75; Stevens v. Walpole, 76 Mo. App. 218; Irvine v. Wood, 51 N. T. 224; Arpin v. Bowman, 83 Wis. 54; Cooley on Torts (2 Ed.), 729 n.; Merrill v. St. Louis, 83 Mo. 244; s. c., 12 Mo. App. 466; Kirkpatrick v. Knapp, 28 Mo. App. 428; McGrath v. Walker, 71 Hun. 179; Ellis v. McNaughton, 75 Mich. 237. (2) Lydia C. Mitchener is liable…
1Opinion of the CourtEllison, J.
— Prior to the institution of the present action a Mrs. Ryan-suffered personal injury by falling on one of plaintiff’s sidewalks in front of property then owned by defendant’s intestate, Mrs. Mitchener. 'She brought suit against the plaintiff city and Mrs. Mitchener for damages sustained and recovered a judgment against the city for $500, but the finding and judgment in that case were in favor of Mrs. Mitchener. The city paid that judgment with interest and costs and then instituted the present action against defendants as executors of the estate of Mrs. Mitchener to recover the amount paid…
2Cases cited4 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Badgley v. City of St. LouisSupreme Court of Missouri · 1899
- State Bank v. BartleSupreme Court of Missouri · 1893
- O'Rourke v. Lindell Railway Co.Supreme Court of Missouri · 1898
3Cited by9 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Gerber Ex Rel. Gerber v. Kansas CitySupreme Court of Missouri · 1925
- Town of Flagstaff v. WalshCourt of Appeals for the Ninth Circuit · 1925
- Kansas City v. MullinsMissouri Court of Appeals · 1919
- Alaska Pacific Steamship Co. v. Sperry Flour Co.Washington Supreme Court · 1919
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