Sluder v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Eon. Franklin Ferriss, Judge. (1) Tire motions to elect should have been sustained. The petition blends causes of action arising ex delicto with causes of action arising ex contractu. The Vigilant Watch Ordinance could only be passed under the power of the city to contract. Charter, art. 10, secs. 1, 2. It could not he passed under its power to legislate. Charter, art. 3, sec. 26 ; Path v. Railroad, 39 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court . — Eon. Franklin Ferriss, Judge. (1) Tire motions to elect should have been sustained. The petition blends causes of action arising ex delicto with causes of action arising ex contractu. The Vigilant Watch Ordinance could only be passed under the power of the city to contract. Charter, art. 10, secs. 1, 2. It could not he passed under its power to legislate. Charter, art. 3, sec. 26 ; Path v. Railroad, 39 Mo. App. 452; Path v. Railroad, 105 Mo. 537; Senn v. Railroad, 106 Mo. 152; Moran v. Car Co., 134 Mo. 641; Byington v. Railroad, 147 Mo. 673; Murphy…
1Opinion of the CourtGantt, J.
This is an action for damages for personal injuries, caused by the collision of one of defendant’s street cars with a livery carriage in which plaintiff was riding, at the crossing of McPherson avenue by Boyle avenue, on which last-named avenue the defendant company owned and operated a double-track street railway, in the city of St. Louis. Plaintiff re: covered judgment in the circuit court for $6,000, and defendant appeals.
The petition in substance states that on or about the 27th day of December, 1901, about 7:15 o’clock in the evening of that day, the plaintiff, a physician, was being…
2Cases cited48 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Little v. HackettSupreme Court of the United States · 1886
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
43 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Marshall v. Kansas CitySupreme Court of Missouri · 1962
- Stevens v. LutherNebraska Supreme Court · 1920
63 more not listed; retrieve them via the Exa API.