Legal Opinion

Mehan v. City of St. Louis

Supreme Court of Missouri

Decided February 25, 1909PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court. — How. Matt. G. Reynolds, Judge. (1) The petition fails to state any cause of action. In charging the defendant city with negligence in not enforcing the ordinances pleaded, the petition states no cause of action. A municipal corporation is not liable for failure to enforce its police regulations.

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Appeal from St. Louis City Circuit Court. — How. Matt. G. Reynolds, Judge. (1) The petition fails to state any cause of action. In charging the defendant city with negligence in not enforcing the ordinances pleaded, the petition states no cause of action. A municipal corporation is not liable for failure to enforce its police regulations. Kiley v. Kansas City, 87 Mo. 103; Moran v. Pullman, 134 Mo. 651; Harman v. St. Louis, 137 Mo. 500; Butz v. Kavanaugh, 137 Mo. 510; Sallee v. St. Louis, 152 Mo. 621; Loth. v. Columbia, 197 Mo. 358. (a) The ruling of the court which resulted in the non-suit…

1Opinion of the CourtWoodson, J.

This suit was instituted to recover damages for personal injuries sustained by Raymond Mehan, a minor, by his next friend, which injuries were caused by the alleged negligence of the defendants. At the trial plaintiff suffered a nonsuit, and filed a motion to set same aside, which was by the court sustained. Prom the order sustaining that motion defendants appealed to this court.

The petition upon which the case was tried (which for convenience I have divided in six paragraphs) after stating certain formal proceedings regarding the appointment of the next friend and the incorporation of the…

2Cases cited3 opinions

  1. LeMay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. Merritt v. Kinloch Telephone Co.Supreme Court of Missouri · 1908
  3. Harman v. St. LouisSupreme Court of Missouri · 1897

3Cited by12 opinions

  1. Ulmen v. SchwiegerMontana Supreme Court · 1932
  2. Ryan v. Kansas CitySupreme Court of Missouri · 1911
  3. Bean v. City of MoberlySupreme Court of Missouri · 1943
  4. Mitchell v. Wabash Railway Co.Supreme Court of Missouri · 1934
  5. Tepfer v. City of WichitaSupreme Court of Kansas · 1913

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