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.
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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…
1ConcurrenceMarshall, J.
I am unable to concur in all that is said in the majority opinion in this case, and feel that it is my duty to express my reasons therefor, not with any idea that it will do any particular good, at this time, but for the purpose of placing myself on record with respect to the main question discussed and decided in this cause.
There are many principles of law stated in the majority opinion, with which I fully concur, and for the purpose of clearly defining my attitude in this case, I deem it best, at the outset, to state wherein I concur and wherein I dissent.
The following principles of law…
2Cases cited68 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
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