Kerney v. Barber Asphalt Paving Co.
Missouri Court of Appeals
Appeal from the Jackson. Circuit Court. — Hon. James Gibson, Judge. (1) The state statute upon which the petition is based, has absolutely no application to the movement of a steam roller upon the streets of Kansas City.
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Appeal from the Jackson. Circuit Court. — Hon. James Gibson, Judge. (1) The state statute upon which the petition is based, has absolutely no application to the movement of a steam roller upon the streets of Kansas City. Common Council v. Cross, 7 Ind. 9; Elliott on Roads and Streets, p. 16; State v. Jones, 18 Tex. 874; Eox v. City of Rockford, 38 111. 451; Cleaves v. Jordan, 34 Maine 2; Meyer v. Thatcher, 8 N. E. Rep. 824; Tucker v. Conrad, 2 N. E. Rep. 803, 807; State v. Town of Morristown, 33 N. J. L. 57; City Charter, sec. 1, art. 3; Baldwin v. Green, 10 Mo. 410; Pueschell v. Wire & Iron…
1Opinion of the CourtBeoaddtts, J.
The cause was tried at the October term of the Jackson Circuit Court for the year 1899, at which time the plaintiff recovered judgment against the defendant for one thousand two hundred and fifty dollars. After an unsuccessful effort to obtain a new trial, defendant brought the case to this court on appeal. The plaintiff,' respondent here, sought to recover upon two causes of action, alleging in the one statutory negligence; in the other, common-law negligence. But as the finding by the court was against plaintiff on the latter, from which she did not appeal, the first only requires…
2Cases cited4 opinions
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1863
- State v. WillardMissouri Court of Appeals · 1890
3Cited by4 opinions
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- State v. KesselsMissouri Court of Appeals · 1906
- Wills v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- Carson v. HunkinsMissouri Court of Appeals · 1922