Legal Opinion

Thrush v. City of Cameron

Missouri Court of Appeals

Decided April 5, 1886PublishedCited by 6 opinions

Appeal from Clintou Circuit Court, Hon. George W. Dunn, Judge. The case and facts are stated in the opinion of the-court. I. The governing body of a city of the fourth class is the mayor and the board of aldermen (sect. 4940, Rev. Stat.) and their power over the streets is a legislative power, the necessity and expediency of the exercise of which they are the judges. 2 Hill. Mun.

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Appeal from Clintou Circuit Court, Hon. George W. Dunn, Judge. The case and facts are stated in the opinion of the-court. I. The governing body of a city of the fourth class is the mayor and the board of aldermen (sect. 4940, Rev. Stat.) and their power over the streets is a legislative power, the necessity and expediency of the exercise of which they are the judges. 2 Hill. Mun. Corp. (3 Ed.) sect. 680, 686. Hence, what the street commissioner did, under the direction of the mayor, if a legal wrong, was that of the mayor and commissioner, and they alone are liable. Rowland v. City of…

1Opinion of the CourtPhilips, P. J.

— This is an action to recover damages against the defendant municipal corporation for erecting a barbed wire across a portion of one of its streets, against which the plaintiff, a_minor, ran his face, and was injured. The plaintiff recovered judgment, from which the defendant prosecutes this appeal. .

This judgment is sought to be sustained in argument at this bar by respondent’s counsel, on two theories: first, that the city erected the barbed wire on a part of its street, which was a dangerous nuisance, and is, therefore, answerable for the injury done the plaintiff by running against the…

2Cases cited8 opinions

  1. Werth v. City of SpringfieldSupreme Court of Missouri · 1883
  2. Stewart v. City of ClintonSupreme Court of Missouri · 1883
  3. Newham v. KentonSupreme Court of Missouri · 1883
  4. Rowland v. City of GallatinSupreme Court of Missouri · 1881
  5. DeGraw v. TaylorSupreme Court of Missouri · 1866

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3Cited by6 opinions

  1. Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
  2. Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
  3. State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
  4. Page v. City of FayetteMissouri Court of Appeals · 1938
  5. Frazier v. School District No. 1Missouri Court of Appeals · 1887

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