Legal Opinion

Behrmann v. City of St. Louis

Supreme Court of Missouri

Decided March 4, 1918PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court. — Hon. Kent Koerner, Judge. (1) The duties of a municipal corporation are of two kinds, first, governmental duties, which have been delegated to the city by the Legislature in the exercise of which the municipality is the agent of the State, and, second, those duties which may be termed private or corporate duties, exercised for the benefit solely of the municipality and its inhabitants.

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Appeal from St. Louis City Circuit Court. — Hon. Kent Koerner, Judge. (1) The duties of a municipal corporation are of two kinds, first, governmental duties, which have been delegated to the city by the Legislature in the exercise of which the municipality is the agent of the State, and, second, those duties which may be termed private or corporate duties, exercised for the benefit solely of the municipality and its inhabitants. Municipal corporations are not liable for the manner in which they exercise, in good faith, their governmental functions, but are liable for the manner in which they…

1Opinion of the CourtBond, P. J.

I. Action to recover fifteen thousand dollars damages for personal injuries alleged to have been sustained by plaintiff through the negligence of an employee of the city of St. Louis.

*581Petition, The petition alleged that on November 19, 1913, while plaintiff was engaged in repairing a gutter on a certain slaughter house in the city of St. Louis, and while he was standing on a ladder which rested against the top of the building, which was about sixteen feet in height, its base resting on the ground about four feet from the wall of the building, a garbage wagon, owned and operated by the city of…

2Cases cited1 opinion

  1. Cassidy v. City of St. JosephSupreme Court of Missouri · 1912

3Cited by12 opinions

  1. Ashbury v. City of NorfolkSupreme Court of Virginia · 1929
  2. Auslander v. City of St. LouisSupreme Court of Missouri · 1933
  3. Dallas v. City of St. LouisSupreme Court of Missouri · 1960
  4. Jones v. City of PhoenixArizona Supreme Court · 1925
  5. Curry v. City of Highland ParkMichigan Supreme Court · 1928

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