Haggard v. City of Carthage
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Section 5854, Eevised Statutes 1899, if intended to apply to demands arising ex delicto, is in conflict with article 2, section 10, Constitution of Missouri.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Section 5854, Eevised Statutes 1899, if intended to apply to demands arising ex delicto, is in conflict with article 2, section 10, Constitution of Missouri. As soon as plaintiff sustained injury to his person, by the tort of defendant, he had the constitutional right to- sue at once for the redress of his injuries, and having successfully prosecuted his suit to a judgment, lie ought not to be punished by being compelled to pay the tortfeasor’s costs for the unsuccessful defense of plaintiff’s just cause of action. (2) Section…
1Opinion of the CourtGantt, J.
— This ease comes to this court on appeal from the judgment of the circuit court, taxing against the plaintiff all the costs in this suit.
The plaintiff sued and recovered judgment against the defendant, a city of the third class, for damages sustained by him on account of injuries received whilst traveling on one of the public streets of defendant city, which street the defendant had negligently permitted to become- dangerous for travel.
After a contested jury trial, and the recovery of judg*131ment by plaintiff, tbe defendant filed a motion to tax against tbe plaintiff all costs of the suit, for…
2Cases cited8 opinions
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- Jung v. City of Stevens PointWisconsin Supreme Court · 1889
- Bradley v. City of Eau ClaireWisconsin Supreme Court · 1882
- Nance v. Falls CityNebraska Supreme Court · 1884
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3Cited by2 opinions
- Miller v. Village of MullanIdaho Supreme Court · 1909
- City of North Kansas City, Missouri v. P. Clifford SharpCourt of Appeals for the Eighth Circuit · 1969