Pierce v. Inhabitants of Lutesville
Missouri Court of Appeals
Appeal from the Bollinger County Circuit Court James D. Fox, Judge. The town of Lutesville was not incorporated until May, 1879, for the order attempting to incorporate it, in July, 1873, and offered in evidence by the plaintiff, is void upon its face, and should have been excluded. 2 Wag.
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Appeal from the Bollinger County Circuit Court James D. Fox, Judge. The town of Lutesville was not incorporated until May, 1879, for the order attempting to incorporate it, in July, 1873, and offered in evidence by the plaintiff, is void upon its face, and should have been excluded. 2 Wag. Stat., 1872,. sect. 1, p. 1314; Kay ser r>. Inhabitants of Bremer, 16 Mo. 88. The inhabitants of the town of Lutesville are not liable, because there was never any ordinance or resolution by board of trustees authorizing the opening or working of Front street, the building or repairing of any bridge or…
1Opinion of the CourtThompson, J.
This was an action for damages for a personal injury •sustained by the plaintiff, in consequence of breaking-through a bridge on one of the principal streets of the town of Lutesville, whereby he was thrown from his ■saddle, dragged a considerable distance by his foot, which *319was caught in the stirrup, and severely and painfully injured. The record, after a general denial, sets up contributory negligence, consisting of reckless riding over the bridge, and mingles with this allegation the charge that the plaintiff was drunk at the time. A trial before a jury resulted in a verdict and judgment…
Also in this document: Concurrence.
2Cases cited7 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Central Railroad & Banking Co. v. KellySupreme Court of Georgia · 1877
- Inhabitants of Town of Fredericktown v. FoxSupreme Court of Missouri · 1884
- White v. StonerMissouri Court of Appeals · 1885
- Beaudean v. City of Cape GirardeauSupreme Court of Missouri · 1880
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3Cited by11 opinions
- Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
- Black v. EarlySupreme Court of Missouri · 1907
- Evens v. AndersonSupreme Court of Minnesota · 1916
- Golden v. City of ClintonMissouri Court of Appeals · 1893
- Flynn v. City of NeoshoSupreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.