Boothe v. City of Fulton
Missouri Court of Appeals
Appeal from the Callaway Circuit Court. — lion. John A. Uochaday, Judge. The demurrer to plaintiffs’ amended petition should have been sustained. The petition does not state facts sufficient to constitute a cause of action against the city of Fulton. It is conceded that the special charter enacted in 1859, incorporating defendant, did not empower or authorize the city of Fulton to erect and operate-water and electric plants, especially for private purposes -and uses.
Read the full summary
Appeal from the Callaway Circuit Court. — lion. John A. Uochaday, Judge. The demurrer to plaintiffs’ amended petition should have been sustained. The petition does not state facts sufficient to constitute a cause of action against the city of Fulton. It is conceded that the special charter enacted in 1859, incorporating defendant, did not empower or authorize the city of Fulton to erect and operate-water and electric plants, especially for private purposes -and uses. If such power and authority were conferred by ordinances, they should be pleaded in full or their purposes and provisions…
1Opinion of the CourtSmith, P. J.
— The petition amongst other things alleged: (1) that the plaintiffs were the owners of a certain lot in the defendant city on which there was a dwelling *18house; (2) that the defendant, a municipal corporation, existing under a legislative charter granted March 14, 185‘J, negligently constructed and maintained on a lot adjoining that of plaintiffs on the south, an electric light and water plant, using and operating large furnaces, boilers, engines, pumps, dynamos, stand-pipes and water reservoirs, and that by reason of such negligent construction and maintenance of said electric and water…
2Cases cited8 opinions
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- McKenna v. City of St. LouisMissouri Court of Appeals · 1878
- Bullmaster v. City of St. JosephMissouri Court of Appeals · 1897
- Kirchgraber v. LloydMissouri Court of Appeals · 1894
- Murphy v. GillumMissouri Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Saulman v. Mayor of NashvilleTennessee Supreme Court · 1914
- Gregory v. Kansas CitySupreme Court of Missouri · 1912
- Aschoff v. City of EvansvilleIndiana Court of Appeals · 1904
- Flutmus v. City of NewportCourt of Appeals of Kentucky · 1917
- State ex rel. Kansas City Loan Guarantee Co. v. KentMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.