State ex rel. City of Carthage v. Cowgill & Hill Milling Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — J-Ion. Joseph D. Perkins, Judge. (1) The city had ample authority and power to make the contract with Cowgill & Hill, whereby, in consideration of the payment of $150 by them, to the said city, it was agreed that the city should assume the repair and maintenance of the bridges.
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Appeal from Jasper Circuit Court. — J-Ion. Joseph D. Perkins, Judge. (1) The city had ample authority and power to make the contract with Cowgill & Hill, whereby, in consideration of the payment of $150 by them, to the said city, it was agreed that the city should assume the repair and maintenance of the bridges. Sec. 2, art. 5, Laws 1875, p. 168; sec. 24, art. 5, Laws .1875, p. 170; sec. 5, art. 7, Laws 1875, p. 177; see. 1, art. 7, Laws 1875, p. 178; sec. 55, art. 5, Laws 1875, p.- 173. (2) At the time of making the contract and passing said ordinance, it was the duty of the city to the…
1Opinion of the CourtYalliant, J.
Appeal from the judgment of the circuit court of Jasper county awarding a writ of mandamus.
The substance of the complaint is that under an ordinance of the city passed in 1875, a right of way for a mill race across certain streets and alleys was granted to Cowgill & Hill, upon condition that “the same shall not interfere with the ordinary use, occupation and enjoyment of such streets and alleys;” that the race was constructed across Main and Jackson streets, and bridges were built over it by Cowgill & Hill to comply with that provision of the ordinance; that in 1895 these bridges were washed…
2Cases cited3 opinions
- State ex rel. City of Kansas v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1884
- Rouse v. City of SomervilleMassachusetts Supreme Judicial Court · 1881
- City of Kansas v. CorriganSupreme Court of Missouri · 1885
3Cited by11 opinions
- Los Angeles Dredging Co. v. City of Long BeachCalifornia Supreme Court · 1930
- Gallup v. County of LibertyCourt of Appeals of Texas · 1909
- Devers v. HowardMissouri Court of Appeals · 1901
- Akers v. W. H. Kolkmeyer & Co.Missouri Court of Appeals · 1903
- West Virginia Coal Co. v. City of St. LouisSupreme Court of Missouri · 1930
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