Henson v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. William 0. Thomas, Judge. (1) The demurrer to the evidence should have been sustained, (a) Because, if the fall of the bank of clay was due to its being left perpendicular and not to the fire built near it, the fall was due to the plan of construction adopted by the city and for the adoption of the plan the city was not liable.
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Appeal from Jackson Circuit Court. — lion. William 0. Thomas, Judge. (1) The demurrer to the evidence should have been sustained, (a) Because, if the fall of the bank of clay was due to its being left perpendicular and not to the fire built near it, the fall was due to the plan of construction adopted by the city and for the adoption of the plan the city was not liable. Ely v. St. Louis, 181 Mo. 729; Lansing v. Toolan, 37 Mich. 152; Urquhart v. Ogdensburg, 91 N. T. 67; McIntyre v. City of Pittsburg, 238 Pa. St. 524; Foster v. St. Louis, 71 Mo. 157; Walters v. Omaha, 76 Neb. 865; Hays v. City…
1Opinion of the CourtFaris, J.
Plaintiff sued defendant for personal injuries occurring to her, it is averred, from defendant’s negligence. On a trial had before a jury she had judgment for damages in the sum of $20,000, and therefrom defendant appealed in due and ancient form.
The salient facts are few and simple; while the details may to an extent be left for statement in connection with the discussion of the points urged for reversal. The outstanding facts run thus: Defendant, pursuant.to solemn ordinance, had by contract caused to be graded a street called 49th Street, where this street traverses an addition known as…
2Cases cited22 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- Hoyt v. City of DanburySupreme Court of Connecticut · 1897
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Eickmann v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
- Shearin v. Fletcher/Mayo/Associates, Inc.Missouri Court of Appeals · 1984
- Swain v. City of NashvilleTennessee Supreme Court · 1936
- Bedenk v. St. Louis Public Service CompanySupreme Court of Missouri · 1955
7 more not listed; retrieve them via the Exa API.