Rapp v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. E..M. Hughes, Judge. (1) The motions to elect should have been sustained. The petition blends causes of action arising ex delicto with causes of action arising ex contractu. The Vigilant Watch Ordinance could only be passed under the power of the city to contract. City charter, art. 10, secs. 1,2. It could not be passed under its power to legislate. City charter, art. 3, sec. 26; Fath v. Eailroad, 39 Mo.
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Appeal from St. Charles Circuit Court. — Hon. E..M. Hughes, Judge. (1) The motions to elect should have been sustained. The petition blends causes of action arising ex delicto with causes of action arising ex contractu. The Vigilant Watch Ordinance could only be passed under the power of the city to contract. City charter, art. 10, secs. 1,2. It could not be passed under its power to legislate. City charter, art. 3, sec. 26; Fath v. Eailroad, 39 Mo. App. 452; Fath v. Eailroad, 105 Mo. 537; Senn v. Eailroad, 106 Mo. 152; Moran v. Car Co., 134 Mo. 641; Byington v. Eailroad, 147 Mo. 673; Murpky…
1Opinion of the CourtBrace, C. J.
This is an appeal by the defendant from judgment in favor of the plaintiff for the sum of six thousand dollars in an action for personal injuries.
The cause of action stated in the petition is as follows :
‘ ‘ That on the 1st day of February, 1901, the plaintiff was lawfully driving a team of horses attached to a loaded wagon northward on Broadway at its intersection with Buchanan street, when the wheels of the wagon he was so driving went into a hole in said streets at their intersection, and said team were unable to pull the wagon further and became stalled, and in endeavoring to get said…
2Cases cited18 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
- McFern v. GardnerMissouri Court of Appeals · 1906
- State Ex Rel. Tunget v. ShainSupreme Court of Missouri · 1937
- Powers v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Petersen v. St. Louis Transit Co.Supreme Court of Missouri · 1906
10 more not listed; retrieve them via the Exa API.