Foncannon v. City of Kirksville
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Son. Nat. M. Shelton, Judge. (1) The city is not liable for any acts where it has no jurisdiction of the subject-matter, or that are not within the scope of its powers. Dillon on Mun.
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Appeal from Adair Circuit Court. — Son. Nat. M. Shelton, Judge. (1) The city is not liable for any acts where it has no jurisdiction of the subject-matter, or that are not within the scope of its powers. Dillon on Mun. Corp. (3 Ed.), sec. 968; Beach on Public Corp. secs. 762, 763, and notes, and cases cited in notes- Worley v. Inhabitants of Columbia, 88 Mo. 106. (2) No sewer system has been established by the city, and hence it had no power to act in this instance, or to construct the alleged sewer complained of. Session Acts 1893, pp. 86, 87, secs. 97, 98, 99; R. S. 1899, secs. 5847, 5848,…
1Opinion of the CourtBroaddus, J.
This is a suit for damages for maintaining a nuisance.
The petition states that plaintiff is the owner of certain real estate in the city of Kirksville, Missouri, on which there is a building in which he and his family reside; that the defendant has so constructed one of its sewers that its outlet is into a small ditch which, in its course, passes through plaintiffs land; that said sewer empties its noisome contents of filth into said ditch which carries it upon the plaintiff’s premises, and that the plaintiff’s property has been rendered unfit for residence property in consequence of the…
2Cases cited11 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
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3Cited by15 opinions
- Shelley v. Ozark Pipe Line CorporationSupreme Court of Missouri · 1931
- Cook v. Kansas CitySupreme Court of Missouri · 1948
- Spain v. City of Cape GirardeauMissouri Court of Appeals · 1972
- Kennedy v. City of NevadaMissouri Court of Appeals · 1926
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
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