McKinley v. Lawrence County Water Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Eon. F. O. Johnston, Judge. (1) If the plaintiff relied on some ordinance duty to him from the defendant, which was being violated, it was his duty to plead the ordinance either in substance or effect, so that the court could determine what the duty was. Keane v. Klousman, 21 Mo.
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Appeal from Lawrence Circuit Court. — Eon. F. O. Johnston, Judge. (1) If the plaintiff relied on some ordinance duty to him from the defendant, which was being violated, it was his duty to plead the ordinance either in substance or effect, so that the court could determine what the duty was. Keane v. Klousman, 21 Mo. App. 185; Givens v. Van Studdiford, 86 Mo. 119; Nutter v. Railroad, 22 M'o. ,APP- 356; Moberly v. Hogen, 131 Mo. 19. (2) If the plaintiff relied on a contract duty flowing to him from the defendant and its violation on account of which he sustained the fifty dollars damages he…
1Opinion of the Court
GRAY, J. —
On appeal from the justice of the peace, before whom it originated this canse was tried before a jury in the circuit court of Lawrence county, March 9, 1909, on the following statement (omitting caption) :
“For a cause of action against the defendant plaintiff says that defendant is a corporation doing business under a franchise within the city of Aurora, Missouri, as a water company under an ordinance of the city to furnish water to citizens of Aurora, by ordinance and the plaintiff says that he had hydrants under the J. Ginna contract and that he franchised and sold to the Lawrence…
2Cases cited9 opinions
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Lemon v. LloydMissouri Court of Appeals · 1891
- Gould v. St. JohnSupreme Court of Missouri · 1907
- Sharp v. OdomMissouri Court of Appeals · 1906
- Maugh v. HornbeckMissouri Court of Appeals · 1903
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3Cited by1 opinion
- Village of Koshkonong v. BoakMissouri Court of Appeals · 1913