Thrush v. City of Cameron
Missouri Court of Appeals
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
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Newham v. KentonSupreme Court of Missouri · 1883
- Rowland v. City of GallatinSupreme Court of Missouri · 1881
- DeGraw v. TaylorSupreme Court of Missouri · 1866
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3Cited by6 opinions
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
- Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
- State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
- Page v. City of FayetteMissouri Court of Appeals · 1938
- Frazier v. School District No. 1Missouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.