Legal Opinion

Tritz v. City of Kansas

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 8 opinions

Appeal from Jackson Circuit Court. — Hon. T. A. Q-ill, Judge. (1) The court erred in rejecting the testimony offered by defendant tending to show that the city engineer had not been guilty of negligence. See charter of Kansas City ; Dewey x. Detroit, 15 Mich. 307; Dillon onMun. Corp. (3 Ed.) secs. 308, 328, 948 et. seq. Taylor v. Qarondelet, 22 Mo. 105; Miller x.

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Appeal from Jackson Circuit Court. — Hon. T. A. Q-ill, Judge. (1) The court erred in rejecting the testimony offered by defendant tending to show that the city engineer had not been guilty of negligence. See charter of Kansas City ; Dewey x. Detroit, 15 Mich. 307; Dillon onMun. Corp. (3 Ed.) secs. 308, 328, 948 et. seq. Taylor v. Qarondelet, 22 Mo. 105; Miller x. Sedalia, 53 Mo. 159. The city can act in no way in ordering and making repairs except in the mode prescribed in its charter, that being pointed out is exclusive of every other mode. Buggies x. Collier, 43 Mo. 353; also, and…

1Opinion of the Court

Ewing, C. —

A suit based upon the following petition was commenced in the circuit court of Jackson county in 1881: “That plaintiffs were husband and wife; that defendant is a municipal corporation, etc., and that as such corporation has exclusive control and power over the streets, sidewalks, alleys, landings, public grounds and highways of the city, to open, alter, widen, extend, establish, grade, pave, or otherwise improve, clean and keep in repair the same, to prevent and remove all encroachments thereon, or obstructions therefrom, and to regulate the building of vaults under sidewalks.…

2Cases cited19 opinions

  1. Storrs v. . the City of UticaNew York Court of Appeals · 1858
  2. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  3. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  4. City of Detroit v. BlackebyMichigan Supreme Court · 1870
  5. Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862

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3Cited by8 opinions

  1. Hickman v. City of KansasSupreme Court of Missouri · 1894
  2. McReynolds v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1892
  3. Overton v. MoseleySupreme Court of Alabama · 1902
  4. Kling v. City of KansasMissouri Court of Appeals · 1887
  5. Bradley v. County of JacksonSupreme Court of Missouri · 1961

3 more not listed; retrieve them via the Exa API.

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