City of Carthage v. Garner
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Noto. Hugh Dabbs, Judge. (1) The control of the highways and streets is primarily in the State and the State acting in its sovereign capacity may grant the right to nse the streets and public highways in its discretion. Railroad v. St. Louis, 3 Mo. App. 320, 66 Mo. 256; Hisey v. Mexico, 61 Mo. App. 252; Keasby on Elec. "Wires, sec. 3; Booth on St. Rys., pp. 107, 108; Elliott on Roads and Streets, pp. 327-332-698; 2 Dill. Mun.
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Appeal from Jasper Circuit Court. — Noto. Hugh Dabbs, Judge. (1) The control of the highways and streets is primarily in the State and the State acting in its sovereign capacity may grant the right to nse the streets and public highways in its discretion. Railroad v. St. Louis, 3 Mo. App. 320, 66 Mo. 256; Hisey v. Mexico, 61 Mo. App. 252; Keasby on Elec. "Wires, sec. 3; Booth on St. Rys., pp. 107, 108; Elliott on Roads and Streets, pp. 327-332-698; 2 Dill. Mun. Corp,, secs. 657-683. (2) 'Cities derive their powers from the Legislature and have no power or authority except such as is granted…
1Opinion of the CourtGraves, J.
This is a prosecution for the violation of an ordinance of the city of Carthage, instituted by proper information of the city attorney before the police judge of said city. Defendants were convicted in the police court-and appealed to the circuit court, wherein was had a trial upon an agreed statement of facts, at which trial defendants were again convicted by that court, and this appeal is the result. The case reaches this court by reason of a constitutional question.
The city of Carthage is a city of the third class. In 1895 said city passed an ordinance granting to the American Electric…
2Cases cited3 opinions
- City of St. Louis v. St. Louis Theatre Co.Supreme Court of Missouri · 1907
- City of Centralia v. SmithMissouri Court of Appeals · 1903
- City of Westport v. MulhollandSupreme Court of Missouri · 1900
3Cited by7 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Mahaffy v. City of Woodson TerraceMissouri Court of Appeals · 1980
- Kalbfell v. City of St. LouisSupreme Court of Missouri · 1948
- City of Paris v. Paris-Henry County Public Utility DistrictTennessee Supreme Court · 1960
- Union Traction Co. v. City of MuncieIndiana Court of Appeals · 1921
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