Bentley v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Jackson. Circuit Court. — Hon. David H. Cecil, Judge. (1) Defendant had a right to place the pole and guywire on the streets, and they were therefore not nuisanees per se; and defendant cannot be held liable for so placing and maintaining the pole and guy wire unless the city itself would have been liable for so doing. Atchison v. St. Joseph, 133 Mo.
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Appeal from Jackson. Circuit Court. — Hon. David H. Cecil, Judge. (1) Defendant had a right to place the pole and guywire on the streets, and they were therefore not nuisanees per se; and defendant cannot be held liable for so placing and maintaining the pole and guy wire unless the city itself would have been liable for so doing. Atchison v. St. Joseph, 133 Mo. App. 563; Siebert v. Railroad, 188 Mo. 657; Building Association v. Telephone Co., 88 Mo. 266. (2) The parking in which the pole and guywire were situated was not intended for travel, and defendant was not required in placing such…
1Opinion of the CourtJohnson, J.
This suit is for damages for personal injuries alleged to have been caused by the negligence of defendant. Plaintiff prevailed in the trial court where she recovered a judgment for $1200. The injury occurred between seven and eight o’clock in the evening of December 4, 1907, on Michigan street, a public thoroughfare in Kansas City. Plaintiff, a married woman, went on an errand to a neighbor’s house and, accompanied by her son eight years old, started to return home. She walked along the sidewalk on the east side of Michigan street between Fifteenth and Sixteenth streets. To avoid passing by…
2Cases cited10 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Louisville Home Telephone Co. v. GasperCourt of Appeals of Kentucky · 1906
- Craig v. City of SedaliaSupreme Court of Missouri · 1876
- Fockler v. Kansas CityMissouri Court of Appeals · 1902
- Kossman v. City of St. LouisSupreme Court of Missouri · 1899
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3Cited by5 opinions
- Poumeroule v. Postal Telegraph Cable Co.Missouri Court of Appeals · 1912
- Canyon Power Co. v. GoberCourt of Appeals of Texas · 1917
- Schlinski v. City of St. JosephMissouri Court of Appeals · 1913
- Smith v. City of St. JosephMissouri Court of Appeals · 1930
- Henson v. City of SpringfieldMissouri Court of Appeals · 2017