Valley Spring Hog Ranch Co. v. Plagmann
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. B. G. Thurman, Judge. (1) Under the general charter powers of the City of Joplin, the city had express authority to pass the ordinance in question and to authorize the contract entered into with plaintiff. (2) Such a disposal of garbage is not a taking within the constitutional provision forbidding such taking, but is a proper and salutary .police regulation. Atlantic City v. Abbott, 73 N. J. L. 281; Yantine v. Petitioner, 6 Pick.
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Appeal from Barton Circuit Court. — Hon. B. G. Thurman, Judge. (1) Under the general charter powers of the City of Joplin, the city had express authority to pass the ordinance in question and to authorize the contract entered into with plaintiff. (2) Such a disposal of garbage is not a taking within the constitutional provision forbidding such taking, but is a proper and salutary .police regulation. Atlantic City v. Abbott, 73 N. J. L. 281; Yantine v. Petitioner, 6 Pick. (Mass.) 187; State v. Payson. 47 La. Ann. 1029; Walker v. Jameson, 140 Ind. 603, 28 L. R. A. 679; Louisville v. Wible,' 84…
1Opinion of the CourtGraves, J.
Plaintiff is the successor to the original garbage contractor of the City of Joplin, a city of the second; class. The city passed'an ordinance providing for the care, removal and disposal of the garbage of the city, and further providing for making a contract-by which it could give a person the exclusive right of collecting and disposing of the garbage of the city. Pursuant to such ordinance the city entered into a contract with one A. A. Wright (exclusive in terms) by which he was made the garbage man of the city. He complied with the terms of the ordinance, gave the required bond, and…
2Cases cited10 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Barbier v. ConnollySupreme Court of the United States · 1884
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
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3Cited by34 opinions
- Brawner v. BrawnerSupreme Court of Missouri · 1959
- Spoeneman v. UhriSupreme Court of Missouri · 1933
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- Strub v. Village of DeerfieldIllinois Supreme Court · 1960
- Cornelius v. City of SeattleWashington Supreme Court · 1923
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