Jacobs v. City of St. Joseph

• Decision Date: 06 January 1908
• Citation: 106 S.W. 1072,127 Mo. App. 669
• Parties: JACOBS v. CITY OF ST. JOSEPH
• Court: Missouri Court of Appeals

106 S.W. 1072

127 Mo. A. 669

JACOBS v. CITY OF ST. JOSEPH

Kansas City Court of Appeals. Missouri.

January 6, 1908.

1. MUNICIPAL CORPORATIONS — DEFECTIVE SIDEWALKS—INJURIES—NOTICE.

Rev. St. 1899, § 5724 [Ann. St. 1906, p. 2909], requires notice of claims for injuries on defective sidewalks to the mayor of cities of the second class, stating the place where, the time when, such injury was received, and the character and circumstances of the injury. Held, that a notice reciting that plaintiff fell and sustained great injuries on a broken board in a

sidewalk at a specified time and place was fatally defective for failure to describe the character of plaintiff's injuries.

2. SAME—DEFECTIVE NOTICE—ACTION—PETITION.

Under Rev. St. 1899, § 5724 [Ann. St. 1906, p. 2909], requiring sworn notice of injury on a defective city sidewalk to be made to the mayor as a condition precedent to the injured party's right to maintain an action therefore, where the notice served was insufficient, it was not cured by an unsworn petition, in an action brought against the city for the injuries, which contained the matters omitted from the notice, and was filed within the time plaintiff was required to serve such notice.

Appeal from Circuit Court, Buchanan County; A. M. Woodson, Judge.

Action by Julia Jacobs against the city of St. Joseph. From a judgment for plaintiff, defendant appeals. Reversed.

See 102 S. W. 988.

James M. Wilson and G. L. Zwick, for appellant. Chas. C. Crow and James M. Mytton, for respondent.

ELLISON, 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 60 days of the occurrence, "stating the place where, the time when, such injury was received, and the character and circumstances of the injury, and that the person so injured will claim damages therefore." Section 5724, Rev. St. 1899 [Ann. St. 1906, p. 2909]. The notice given in this case was sworn to, and is as follows: "Julia Jacobs, of lawful age, being first sworn, states that on the 3d day of October, 1903, in the city of St. Joseph, Mo., on Twentieth street, between Sacramento street and Mitchell avenue, and while walking along the sidewalk in front of the residence and property of Charles Lang, at...