Barton v. City of Odessa
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) We submit tbat tbe first and seventh counts were perfect and the motion was correctly overruled. Bank v. Lexington, 74 Mo. 104; Gas Co. v. St. Louis, 86 Mo. 498. However, we submit that both counts are good. (2) Instruction 1 was correct. These ordinances were pleaded in terms in the petition and specifically admitted in the answer.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) We submit tbat tbe first and seventh counts were perfect and the motion was correctly overruled. Bank v. Lexington, 74 Mo. 104; Gas Co. v. St. Louis, 86 Mo. 498. However, we submit that both counts are good. (2) Instruction 1 was correct. These ordinances were pleaded in terms in the petition and specifically admitted in the answer. It was certainly the duty of the court to construe the pleadings by an instruction to the jury as to what was specially admitted by the answer. This is too well settled to need citations. A few…
1Opinion of the CourtBroaddus, J.
The facts of the case, generally speaking, were as follows: On and prior to March 23, 1903, the plaintiff was engaged in the business of keeping a hotel in Odessa, a city of the fourth class in said Lafayette county; that said defendant city at said time by its charter and under the laws of the State was authorized to and did pass ordinances regulating quarantine for contagious diseases; that it was the duty of defendant to provide a necessary and suitable place *79within its limits for the nse of persons infected with snch contagions diseases, including that of smallpox; that on said day…
2Cases cited5 opinions
- Albert v. BeselSupreme Court of Missouri · 1885
- Glencoe Land & Gravel Co. v. Hudson Bros. Commission Co.Supreme Court of Missouri · 1897
- Dooley v. City of KansasSupreme Court of Missouri · 1884
- Evans v. ForemanSupreme Court of Missouri · 1875
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
3Cited by7 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Winters Mut. Aid Ass'n Circle No. 2 v. ReddinTexas Commission of Appeals · 1932
- Hogan v. FlemingSupreme Court of Missouri · 1927
- Easy Living Mobile Manor, Inc. v. Eureka Fire Protection DistrictMissouri Court of Appeals · 1974
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
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