Boyd v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. Harris Robinson, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence asked by defendant, Kansas City, at the conclusion of plaintiff’s evidence, because plaintiff did not give the statutory notice as to the time of the accident required by the statute. Laws 1913, p. 545;. Reid v. Kansas City, 195 Mo.
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Appeal from Jackson Circuit Court.—Hon. Harris Robinson, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence asked by defendant, Kansas City, at the conclusion of plaintiff’s evidence, because plaintiff did not give the statutory notice as to the time of the accident required by the statute. Laws 1913, p. 545;. Reid v. Kansas City, 195 Mo. App. 457; Hackenyos v. St. Louis, 203 S. W. 986; Reese v. St. Louis, 216 S. W. 315. (2) The court erred in overruling the peremptory instruction in the nature of a demurrer to the evidence asked by the…
1Opinion of the Court
This is a suit for personal injuries. The plaintiff had judgment against Kansas City, and the majority of the learned Judges of the Kansas City Court of Appeals, to which the appeal was taken by the city, reversed, without remanding the case, on the ground that plaintiff had not given the city notice of the time and place of the accident as required by the statute in such cases, in that, said notice stated the time of the accident was between the hours of eight p.m. and nine p.m. "on or about January 25, 1918," whereas it should have stated the date unqualifiedly and with absolute certainty…
2Cases cited20 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Ruggles v. CollierSupreme Court of Missouri · 1869
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880
15 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Lowery v. Kansas CitySupreme Court of Missouri · 1935
- Hiltner v. Kansas CitySupreme Court of Missouri · 1956
- Harrison v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1936
- Myers v. City of PalmyraSupreme Court of Missouri · 1962
29 more not listed; retrieve them via the Exa API.