Peters v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. O’Neill By an, Judge. (1) The power to establish, erect and regulate markets is not a governmental power of the city, but belongs to it in its proprietary business capacity. (2) The power in question may be lawfully exercised through individuals or associations as agencies of the public.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill By an, Judge. (1) The power to establish, erect and regulate markets is not a governmental power of the city, but belongs to it in its proprietary business capacity. (2) The power in question may be lawfully exercised through individuals or associations as agencies of the public. (3) Markets established by the city are public markets, although the cost of erection and the burden of management are borne by private individuals or associations, under arrangement with the city for reimbursement of capital outlay and expense of maintenance.…
1Opinion of the CourtGraves, J.
In the year 1839, by ordinance'duly passed, the city of St. Louis authorized, or attempted to authorize, the erection, management and control of what is and was known as “South Market,” a market place in Fifth street of said city. By the ordinance this market place was to be erected in what was then and is now recognized as a public street of the said city. The market house was to be built by funds voluntarily subscribed by individuals, in shares of not less than twenty-five dollars each. When erected by subscription, as aforesaid, section 1 of the ordinance provided : “Which building, when…
2Cases cited1 opinion
- State ex rel. Titus v. Wabash RailroadSupreme Court of Missouri · 1907
3Cited by10 opinions
- Bluefields S. S. Co. v. United Fruit Co.Court of Appeals for the Third Circuit · 1917
- Hogan v. ThrasherMontana Supreme Court · 1925
- City of Poplar Bluff v. KnoxMissouri Court of Appeals · 1966
- Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1935
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