Sedalia Gaslight Co. v. Mercer
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The ordinance in question imposed a duty and obligation upon the defendant and conferred a right upon plaintiff just as though it were a statute law of the state. Taylor v. Carondelet, 22 Mo. 110 ; 1 Dillon, Mun. Corp. [4Ed.J sec. 308, and note.
Read the full summary
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The ordinance in question imposed a duty and obligation upon the defendant and conferred a right upon plaintiff just as though it were a statute law of the state. Taylor v. Carondelet, 22 Mo. 110 ; 1 Dillon, Mun. Corp. [4Ed.J sec. 308, and note. The obligation imposed by the ordinance upon the' defendant was to be responsible for loss or damage to water or gas pipes and to persons or property arising out of the nature of the work, from the elements or from unseen or unusual difficulties, and a right of action accrued to…
1Opinion of the CourtSmith, P. J.
The city of. Sedalia, which is organized as a city of the third class under the general statutes, adopted an ordinance establishing a general sewer system for the city and providing for the construction of a public sewer. Among others of the terms and specifications imposed under the city ordinance it was provided that the contractor should be required “to sling, shore up and secure in other places all water and gas pipes in such a manner as to secure them from injury.” Under the section in relation to drainage and penalties it provided that the contractor should be liable for all injuries to…
2Cases cited14 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894