Kansas City v. Holmes
Supreme Court of Missouri
Appeal from Jackson Criminal Court.- — Hon. Ralph 8. Latshaw, Judge. (1) It is an infraction of the constitutional right to life, liberty and the enjoyment of the gains of a person’s own industry, to compel himi to shovel, or to hire to he shoveled, snow off a sidewalk in a public street which is under the exclusive control of the city, when the snow got there by falling out of the clouds in the course of nature and without any act of omission or commission, or intent of…
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Appeal from Jackson Criminal Court.- — Hon. Ralph 8. Latshaw, Judge. (1) It is an infraction of the constitutional right to life, liberty and the enjoyment of the gains of a person’s own industry, to compel himi to shovel, or to hire to he shoveled, snow off a sidewalk in a public street which is under the exclusive control of the city, when the snow got there by falling out of the clouds in the course of nature and without any act of omission or commission, or intent of defendant. The city has conr-plete and exclusive control of its streets. Sec. 1, art. 3, Cl. 11, Kansas City Charter (1909,…
1Opinion of the Court
BROWN, C.
— This case was instituted in Municipal Court Number Two for Kansas City, Missouri, upon complaint of the city counselor, charging the defendant with a violation of sections 563 and 626 of the Revised Ordinances of the city of 1909, in that he unlawfully failed and neglected to remove from the sidewalk, in front of property owned by him, ice and snow which obstructed and rendered the sidewalk dangerous, inconvenient and annoying to persons residing in the neighborhood traveling over the sidewalk.
The defendant was found guilty, and a fine of five dollars assessed. An appeal was taken…
2Cases cited15 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
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3Cited by10 opinions
- Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
- City of Carbondale v. BrewsterIllinois Supreme Court · 1979
- Rich v. RosenshineWest Virginia Supreme Court · 1947
- Zummo v. Kansas CitySupreme Court of Missouri · 1920
- Hammett v. Kansas CitySupreme Court of Missouri · 1943
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