City of Carthage v. Carthage Light Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — flow. J. D. Perkins, Judge. (1) The city had no authority to pass ordinance No. 72. Laws 1875, page 159, section 49. If it is doubtful the question must be determined against the ■corporation and in favor of the public. St. Louis v. Telephone Co., 96 Mo. 626; Trenton v. Clayton, 50 Mo. App. 539; Kansas City v. Lorbe, 64 Mo. App. 608; 1 Dillon on Mun.
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Appeal from Jasper Circuit Court. — flow. J. D. Perkins, Judge. (1) The city had no authority to pass ordinance No. 72. Laws 1875, page 159, section 49. If it is doubtful the question must be determined against the ■corporation and in favor of the public. St. Louis v. Telephone Co., 96 Mo. 626; Trenton v. Clayton, 50 Mo. App. 539; Kansas City v. Lorbe, 64 Mo. App. 608; 1 Dillon on Mun. Corp. (4 Ed.), sec. 89; Stein v. Water Supply Co., 141 U. S. 80. (2) The city had no authority to pass ordinance No. 301 or that part that attempts to grant a franchise to use the streets and alleys without 'a…
1Opinion of the CourtSmith, P. J.
— The plaintiff is a city of the third class and the defendant is a business corporation organized in 1897 under the provisions of article 9, chapter 12, Revised Statutes 1889. The plaintiff was organized under the Act of March 15, 1873 (Sess. Acts 1873, p. 221), and the amendatory Act'of February 27, 1875, and continued to thus exist until 1890 when it became and ever since has remained a city of the third class under the statute (Sess. Acts 1893, p. 65).
In 1885 the plaintiff by ordinance granted the Sperry Electric Light and ^Power Company and its assigns permission to erect, maintain and…
2Cases cited6 opinions
- Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
- Kansas City v. LorberMissouri Court of Appeals · 1896
- City of St. Louis v. HowardSupreme Court of Missouri · 1893
- Knapp v. Kansas CityMissouri Court of Appeals · 1892
- National Water Works Co. v. City of KansasMissouri Court of Appeals · 1886
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3Cited by4 opinions
- State Ex Inf. McKittrick v. Missouri Public Service Corp.Supreme Court of Missouri · 1943
- Mears Mining Co. v. Maryland Casualty Co.Missouri Court of Appeals · 1912
- Schulte v. CurreyMissouri Court of Appeals · 1913
- Perkins v. CoffinSupreme Court of Connecticut · 1911