Bradley v. City of Spickardsville
Court of Appeals of Kansas
Appeal from Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) Tbe court erred in admitting in evidence the pretended order of the county court, attempting to incorporate the town of Spickardsville, and the record of the pretended council of said town, attempting to reorganize as a city of the fourth class, and the ordinances of said town, for the reasons that said i*eeords and orders fail to describe the territory intended to be embraced within the limits of said…
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Appeal from Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) Tbe court erred in admitting in evidence the pretended order of the county court, attempting to incorporate the town of Spickardsville, and the record of the pretended council of said town, attempting to reorganize as a city of the fourth class, and the ordinances of said town, for the reasons that said i*eeords and orders fail to describe the territory intended to be embraced within the limits of said pretended corporation, as required by law, and they are therefore void. Wagner’s i Statutes 1872, page 1313, ch. 134, art. 1,…
1Opinion of the CourtBroaddus, J.
The plaintiff sues the defendant as an incorporated city of the fourth class, for injuries alleged to have been received on account of a defective sidewalk in said city. The answer is a general denial and also alleging contributory negligence on the part of plaintiff. There was a trial before a jury resulting in a judgment and verdict in favor of plaintiff for $1,500, and from which the defendant appealed. The defendant contends that its instruction number one, in the nature of a demurrer to plaintiff’s case, should have been sustained.
The plaintiff testified that on the thirteenth of…
2Cases cited8 opinions
- Cohn v. City of KansasSupreme Court of Missouri · 1891
- Padgitt v. MollSupreme Court of Missouri · 1900
- Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.Supreme Court of Missouri · 1894
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
- Cullar v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Goldstein v. FendelmanSupreme Court of Missouri · 1960
- Foerstel v. St. Louis Public Service Co.Missouri Court of Appeals · 1951
- Peel v. Gulf Transport Co.Mississippi Supreme Court · 1965
- Showen v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Houston v. Town of WaverlySupreme Court of Alabama · 1932
8 more not listed; retrieve them via the Exa API.