Shippey v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. W. O. Thomas, Judge. (1) The instrument executed by appellant May 23, 1907, acknowledging receipt by her from the estate and heirs of Melville TI.
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Appeal from Jackson Circuit Court. — Eon. W. O. Thomas, Judge. (1) The instrument executed by appellant May 23, 1907, acknowledging receipt by her from the estate and heirs of Melville TI. Hudson and of Wallace Pratt, and from Charles H. Hodge, of the sum of $200, as partial satisfaction for the injury sustained by her, and by which she agreed not to further prosecute the aotion against them, was not a release of the cause of action against the city, because Hudson and Pratt were dead at that time, and the cause of action did not survive against their heirs or legal representatives, and they…
1Opinion of the Court
ROY, C.
Negligence: Defective Biiiboard. Plaintiff sued for damages for personal injuries. At the close of all the evidence the court gave a peremptory instruction f°r defendant. Plaintiff suffered an involuntary nonsuit, and after an unavailing motion to set it aside, has appealed.
The city, Melville H. Hudson, Wallace Pratt and Charles H. Hodge were defendants in the original suit. The petition charged that on April 20, 1905, the plaintiff was injured by the falling of the billboard which had stood on the west side of Broadway between Ninth and Tenth streets. That the billboard was erected…
2Cases cited8 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Grogan v. Broadway Foundry Co.Supreme Court of Missouri · 1885
- Furnell v. City of St. PaulSupreme Court of Minnesota · 1873
- City of Denver v. DeanSupreme Court of Colorado · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
- Gerber Ex Rel. Gerber v. City of Kansas CitySupreme Court of Missouri · 1924
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- Burg v. KnoxSupreme Court of Missouri · 1933
- Hutchinson v. MullinsMissouri Court of Appeals · 1915
11 more not listed; retrieve them via the Exa API.