Heller v. Mayor of Sedalia
Supreme Court of Missouri
Error, to Henry Circuit Court. "When a duty is enjoined upon an agent or servant of a municipal corporation, which is purely ministerial, and is violated, or not performed, or negligently performed, so that an injury results, the corporation is liable to the party injured. (Wilson vs. Peverly, 1 Amer. L. Cas., 465, and note, where the cases are collected; Hilsdorf vs. City of St. Louis, 45 Mo., 94; Ang. and Am.
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Error, to Henry Circuit Court. "When a duty is enjoined upon an agent or servant of a municipal corporation, which is purely ministerial, and is violated, or not performed, or negligently performed, so that an injury results, the corporation is liable to the party injured. (Wilson vs. Peverly, 1 Amer. L. Cas., 465, and note, where the cases are collected; Hilsdorf vs. City of St. Louis, 45 Mo., 94; Ang. and Am. Corp., §§ 385-8, and cases in the notes.) In the case at bar, the plaintiffs were compelled to pay their pro rata for the establishment and continuance of the fire department, and…
1Opinion of the CourtAdams, Judge
The case comes here on demurrer to the plain tiff’s petition, which was sustained by the Circuit Court.
The suit originated in Pettis county, and was taken by change of venue to the Henry Circuit Court.
The petition alleges, that the defendant being a municipal corporation was authorized by its charter to establish fire companies in the city and to pass by-laws and ordinances to prevent and extinguish fires, and the petition further alleges, that the defendant did pass an ordinance establishing and regulating the fire department of the city, and under this ordinance one Isaac Graham was…
2Cases cited1 opinion
- Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867
3Cited by25 opinions
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- Mott v. Cherryvale Water & Manufacturing Co.Supreme Court of Kansas · 1892
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