City of St. Louis v. St. Louis & New Orleans Transportation Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The barge was not owned, or under charge or management of defendant, in fact was not in existence on August 1st, 1880, it having been built or brought to St. Louis about May, 1881, and hence defendant could not have made the sworn return and have had it assessed as required by the city ordinance.
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Appeal from St. Louis Court of Appeals. (1) The barge was not owned, or under charge or management of defendant, in fact was not in existence on August 1st, 1880, it having been built or brought to St. Louis about May, 1881, and hence defendant could not have made the sworn return and have had it assessed as required by the city ordinance. (2) The facts of this case do not bring defendant within the provisions of the ordinance requiring payment of five cents per ton, and the doubling of that amount as a penalty for its non-payment. This is a reasonable construction of the ordinance, and the…
1Opinion of the Court
De Armond, C.
This is a proceeding in the nature of *158.a civil action, begun in a St. Louis police court for the recovery of $50.90, for the violation of an ordinance of the city concerning wharfage. The portions of the ordinance necessary to an understanding of the issue are these:
“Seo. 2. The following wharfage dues shall be collected from each and every boat of whatever kind or description, except such as are hereinafter exempt from paying wharfage, or for which a special rate of wharfage is hereinafter provided, for each and every time the same shall come within the harbor of the city and…
2Cases cited1 opinion
- Packett Co. v. St. LouisSupreme Court of the United States · 1880
3Cited by3 opinions
- St. Louis Brewing Ass'n v. City of St. LouisSupreme Court of Missouri · 1897
- State ex rel. Leggett v. Sovran Leasing Corp.Supreme Court of Missouri · 1995
- City of St. Louis v. Eagle Packet Co.Supreme Court of Missouri · 1908