Legal Opinion

McKenna v. City of St. Louis

Missouri Court of Appeals

Decided December 10, 1878PublishedCited by 21 opinions

Appeal from St. Louis Circuit Court. The city is liable for negligence in maintaining and managing the fire-department. — Bailey v. New York, 3 Hill, 612; Oliver v. Worcester, 102 Mass. 499 ; Richmond v. Long, 17 Gratt. 380; Eastman v. Meredith, 36 N. H. 284; Shear.' & Redf. on Neg. (1st ed.), sect. 120; Thurston v. The State, 51 Mo. 511; Rochester Ins.

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Appeal from St. Louis Circuit Court. The city is liable for negligence in maintaining and managing the fire-department. — Bailey v. New York, 3 Hill, 612; Oliver v. Worcester, 102 Mass. 499 ; Richmond v. Long, 17 Gratt. 380; Eastman v. Meredith, 36 N. H. 284; Shear.' & Redf. on Neg. (1st ed.), sect. 120; Thurston v. The State, 51 Mo. 511; Rochester Ins. Go. v. City of Rochester, 3 Comst. 467 ; Dayton v. Pease, 4 Ohio St. 94; Purse v. New York, 3 Hill, 612; Blake v. St. Louis, 40 Mo. 569 ; Hilsdorfv. St. Louis, 45 Mo. 97. cited: Fisher v. Boston, 104 Mass. 87; Hafford v. New Bedford, 16 Gray,…

1Opinion of the Court

Lewis, P, J.,

delivered the opinion of the court.

The petition sets forth that plaintiffs are husband and wife, and were the parents of Thomas McKenna, Jr., deceased, who was of the age of nine years; that defendant is a municipal corporation, and owns and keeps in its service, by agents and servants under its control, certain steam fire-engines, hose-carriages, and other machinery, composing what is known as defendant’s fire-department, and used by defendant for the purpose of arresting and extinguishing fires occurring within its corporate limits, and for the pro*321tection from fire of its…

2Cases cited4 opinions

  1. Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
  2. Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867
  3. Thurston v. City of St. JosephSupreme Court of Missouri · 1873
  4. Howard v. City & County of San FranciscoCalifornia Supreme Court · 1875

3Cited by21 opinions

  1. Pearson v. Kansas CitySupreme Court of Missouri · 1932
  2. Auslander v. City of St. LouisSupreme Court of Missouri · 1933
  3. Donahoe v. Kansas CitySupreme Court of Missouri · 1897
  4. State ex rel. Abel v. GatesSupreme Court of Missouri · 1905
  5. Larabee v. City of Kansas CityMissouri Court of Appeals · 1985

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