Barree v. City of Cape Girardeau
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — No». Henry G. Riley, Judge. The police regulations of a city are not made and enforced in the interests of the city in its corporate capacity, but in the interest of the public. A city is not liable therefore for the acts of its officers in attempting to enforce such regulations nor will it be made liable by ratifying torts of police officers.
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Appeal from Cape Girardeau Circuit Court. — No». Henry G. Riley, Judge. The police regulations of a city are not made and enforced in the interests of the city in its corporate capacity, but in the interest of the public. A city is not liable therefore for the acts of its officers in attempting to enforce such regulations nor will it be made liable by ratifying torts of police officers. Ulrich v. St. Louis, 112 Mo. 143. The gravamen of the charge in the petition in not false imprisonment or malicious prosecution or simple negligence but trespass upon the person of the plaintiff. “The city is…
1Opinion of the CourtBland, P. J.
(after stating the facts). — In the opinion, of the Supreme Court in the case (Barree v. Cape Girardeau, 197 Mo. loc. cit. 388, 389) the court said:.
*187“It stands admitted by the demurrer that Fritz Brunke was the servant of defendant at the time of the commission of the injury complained of by plaintiff;' but if the injury was committed while Brunke was in the exercise of a corporate franchise conferred upon the corporation for the public good, and not for private corporate advantage, the corporation is not liable for the wrongful acts of its servant. On the other hand, if Brunke was in the…
2Cases cited7 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Thurston v. City of St. JosephSupreme Court of Missouri · 1873
- Charles v. PatchSupreme Court of Missouri · 1885
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3Cited by4 opinions
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
- Calloway v. FogelSupreme Court of Missouri · 1948
- Meyer v. WeberMissouri Court of Appeals · 1937
- Graves v. City of BolivarDistrict Court, W.D. Missouri · 1957