Moxley v. Pike County
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Eon. Edgar B. Woolfolk, Judge. (1) The demurrer filed by defendant should have been overruled. Harmon v. County of St. Louis, 62 Mo. 313. (2) The defendant was not engaged in the discharge of duties imposed alike by general law on all counties in the State, hut it was engaged in the discharge of a self imposed duty, not enjoined by any law.
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Appeal from Pike Circuit Court. — Eon. Edgar B. Woolfolk, Judge. (1) The demurrer filed by defendant should have been overruled. Harmon v. County of St. Louis, 62 Mo. 313. (2) The defendant was not engaged in the discharge of duties imposed alike by general law on all counties in the State, hut it was engaged in the discharge of a self imposed duty, not enjoined by any law. The defendant could not have been compelled, by law, to take the road and operate and maintain it as a toll road. Therefore, the defendant in operating the road as a toll road must occupy the same attitude as would a…
1Opinion of the Court
BROWN, C.
This is a suit for damages arising from personal injury. The automobile in which plaintiff and his wife were traveling' on the night of August 17, 1915, ran over the bank and into the bed of a stream from which the bridge had been removed and which had been left unguarded, and both were seriously injured. Her suit for damages received in the same disaster, entitled M. P. Moxley v. Pike County, and numbered 19589, is also here upon appeal from the same court, upon a similar record, and is submitted with his. The judgment in each is for the defendant upon demurrer to the petition…
2Cases cited6 opinions
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Hannon v. County of St. LouisSupreme Court of Missouri · 1876
- Swineford v. Franklin CountySupreme Court of Missouri · 1880
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State ex rel. Allison v. Hannibal & Ralls County Gravel Road Co.Supreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Todd v. Curators of Mo. UniversitySupreme Court of Missouri · 1941
- Hill-Behan Lumber Co. v. State Highway CommissionSupreme Court of Missouri · 1941
- Krueger v. Board of EducationSupreme Court of Missouri · 1925
- Zummo v. Kansas CitySupreme Court of Missouri · 1920
4 more not listed; retrieve them via the Exa API.