Legal Opinion

Jacobs v. City of St. Joseph

Missouri Court of Appeals

Decided January 6, 1908PublishedCited by 9 opinions

Appeal from Buchanan Circuit Court.—Hon. Archelaus M. Woodson, Judge. (1) The so-called notice did. not state the character of the injury. So far as any information in the notice goes, the injury might have been a sprained ankle, the loss of eyesight, damage to wearing apparel, loss of time occasioned by delay, or mental anguish alone. For this reason it was insufficient. Stoors v. Denver, 11 Mun.

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Appeal from Buchanan Circuit Court.—Hon. Archelaus M. Woodson, Judge. (1) The so-called notice did. not state the character of the injury. So far as any information in the notice goes, the injury might have been a sprained ankle, the loss of eyesight, damage to wearing apparel, loss of time occasioned by delay, or mental anguish alone. For this reason it was insufficient. Stoors v. Denver, 11 Mun. Corp. Cases, 560, 73 Pac. 1094. (2) The so-called notice was addressed to no one, neither was it served upon the mayor of defendant city, nor any other person. For this reason it should have been…

1Opinion of the CourtEllison, J.

This is an action for personal injuries alleged to have been received by plaintiff on account of a fall.on one of defendant’s sidewalks. Defendant is a city of the second class. The judgment was for plaintiff.

Persons having claims against cities of the second class arising on account of injuries received on defective sidewalks, etc., are required as a condition precedent to maintaining an action therefor, to notify the mayor in writing within sixty days of the occurrence, “stating the place where, the time when such injury was received, and the character and circumstances of the injury, and…

2Cases cited5 opinions

  1. Reno v. City of St. JosephSupreme Court of Missouri · 1902
  2. Harris v. Inhabitants of NewburyMassachusetts Supreme Judicial Court · 1880
  3. Strange v. City of St. JosephMissouri Court of Appeals · 1905
  4. George v. City of St. JosephMissouri Court of Appeals · 1902
  5. Burnette v. City of St. JosephMissouri Court of Appeals · 1905

3Cited by9 opinions

  1. Touhey v. City of DecaturIndiana Supreme Court · 1911
  2. Costello v. Kansas CitySupreme Court of Missouri · 1920
  3. Hunt v. City of St. LouisSupreme Court of Missouri · 1919
  4. Reid v. Kansas CityMissouri Court of Appeals · 1917
  5. Adelman v. AltmanMissouri Court of Appeals · 1922

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