City of Joplin v. Wheeler
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two.—Hon. D. E. Blair, Judge. (1) The city has full power and authority “to exercise exclusive control over its streets and alleys.” Sees. 10294, 9227 and 9230, R. S. 1909; Sec. 9254, Sess. Acts 1911 of Missouri, p. 337. (2) Under its delegated authority and inherent police power the city may regulate and control the uses of its streets, below the surface and above.
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Appeal from Jasper County Circuit Court, Division No. Two.—Hon. D. E. Blair, Judge. (1) The city has full power and authority “to exercise exclusive control over its streets and alleys.” Sees. 10294, 9227 and 9230, R. S. 1909; Sec. 9254, Sess. Acts 1911 of Missouri, p. 337. (2) Under its delegated authority and inherent police power the city may regulate and control the uses of its streets, below the surface and above. Crumpler v. City of Vicksburg, 29 Miss. 214, 10 Am. & Eng. Cas. 1098; State ex rel. v. Murphy, 134 Mo. 560; City of Plattsburg v. Telephone Co., 88 Mo. App. 311; Kansas City v.…
1Opinion of the CourtSturgis, J.
—This is an appeal from a judgment of the circuit court of Jasper county, Missouri, acquitting and discharging the defendant under a prosecution by the city of Joplin for a violation of an ordinance of that city entitled, “An ordinance requiring all corporations holding franchises in the city of Joplin, for the distribution of gas and water, to bear the expense of installing and keeping in repair service pipes from the mains of such companies to property line. ” The case was submitted to the trial court on an agreed, statement of facts substantially as follows: That the defendant was at all…
Also in this document: Concurrence.
2Cases cited35 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- State ex rel. Star Publishing Co. v. Associated PressSupreme Court of Missouri · 1901
- State ex rel. Garner v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1905
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3Cited by9 opinions
- McCrory Corp. v. FowlerCourt of Appeals of Maryland · 1990
- Yellow Freight Systems, Inc. v. Mayor's Commission on Human Rights of SpringfieldSupreme Court of Missouri · 1990
- Birmingham W. W. Co. v. HernandezSupreme Court of Alabama · 1916
- Prater v. RushMissouri Court of Appeals · 1934
- Cablevision, Inc. v. City of SedaliaSupreme Court of Missouri · 1974
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