Legal Opinion

Becker v. Schutte

Missouri Court of Appeals

Decided June 11, 1900PublishedCited by 8 opinions

Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. ' (1) Does petition state facts sufficient to constitute cause of action ? This petition is based on the breach of a municipal ordinance. The breach of a municipal ordinance can not be the basis of civil liability between private individuals,. unless there has been a contractual liability by acceptance of ordinance by defendant.

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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. ' (1) Does petition state facts sufficient to constitute cause of action ? This petition is based on the breach of a municipal ordinance. The breach of a municipal ordinance can not be the basis of civil liability between private individuals,. unless there has been a contractual liability by acceptance of ordinance by defendant. Senn v. Railroad, 108 Mo. 142; Moran v. Car Co., 134 Mo. 641; Railroad v. Erin, 89 Pa. St. 71; Sanders v. Railway, 147 Mo. 411; Byington v. Railway, 147 Mo. 673; Allen v. Railway, 2 Mo. App. Rep. 830;…

1Opinion of the CourtSmith, P. J.

— This is an action to recover damages for personal injuries. The petition alleged in substance that Kansas City was a municipal corporation in this state, having a special charter, by the terms of which it had power by ordinance to compel persons to fasten their, animals while stand*62ing in any of its streets; that said city passed an ordinance to the effect: “No person * * * shall leave any such animal standing in any street, avenue, alley or other public place without being fastened;” that defendant negligently and in violation of the terms of said ordinance left a certain horse and vehicle…

2Cases cited15 opinions

  1. Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  2. Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
  3. State v. JefforsSupreme Court of Missouri · 1877
  4. Norton v. City of St. LouisSupreme Court of Missouri · 1888
  5. City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891

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3Cited by8 opinions

  1. Yellow Freight Systems, Inc. v. Mayor's Commission on Human Rights of SpringfieldSupreme Court of Missouri · 1990
  2. Jackson v. FultonMissouri Court of Appeals · 1901
  3. City of Joplin v. WheelerMissouri Court of Appeals · 1913
  4. Lins v. Boeckeler Lumber Co.Missouri Court of Appeals · 1927
  5. Gormley v. St. Louis Transit Co.Missouri Court of Appeals · 1907

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