Carroll v. Campbell
Supreme Court of Missouri
Appeal from Cape Girardeau Coiwt of Common Pleas. Hon. Maurice Cramer, Judge. (1) Section 1 of chapter 369 of the ordinance of the city of Cape Girardeau makes the running of a ferry without a license a misdemeanor, and punishes the party who violates it by a fine. This is an exclusive remedy. Respondent’s only remedy at law is under the ordinance, which here takes the place of a statute, and is the statute.
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Appeal from Cape Girardeau Coiwt of Common Pleas. Hon. Maurice Cramer, Judge. (1) Section 1 of chapter 369 of the ordinance of the city of Cape Girardeau makes the running of a ferry without a license a misdemeanor, and punishes the party who violates it by a fine. This is an exclusive remedy. Respondent’s only remedy at law is under the ordinance, which here takes the place of a statute, and is the statute. (2) Instructions 1 and 2 given for respondent stated the measure of damages incorrectly. Respondent has no right to make appellants liable for tolls on freight and passengers carried from…
1Opinion of the CourtBrace, J.
By an act of the general assembly, approved March 29, 1872 (Sess. Acts, p. 328) “exclu*562sive power and right” was granted to the city of Cape Girardeau by ordinance to “regulate, tax and license all ferries within the limits of the city.”
In pursuance of such grant of power, the city, by an ordinance which went into effect on the first of May, 1882, prohibited all persons “from operating a ferry within the city limits without a license, under a penalty of' not less than $5, nór more than $50 for every day such ferry may be kept without a license.” On the fourteenth of September, 1885, ordinance…
2Cases cited4 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- Carroll v. CampbellSupreme Court of Missouri · 1891
- State ex rel. Campbell v. CramerSupreme Court of Missouri · 1888
- Ward v. SeveranceCalifornia Supreme Court · 1857
3Cited by10 opinions
- Ex Parte LernerSupreme Court of Missouri · 1920
- Patterson v. WollmannNorth Dakota Supreme Court · 1896
- Lesser v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900
- Metropolitan Express Services, Inc. v. City Of Kansas City, MissouriCourt of Appeals for the Eighth Circuit · 1994
- Riss & Company v. Association of American RailroadsDistrict Court, District of Columbia · 1959
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