Dooley v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. The petition states no cause of action against appellant, for it charges appellant with an act that it was not .and is not capable of committing. Rowland v. City of Gallatin, 75 Mo. 136; Dillon on Munic.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. The petition states no cause of action against appellant, for it charges appellant with an act that it was not .and is not capable of committing. Rowland v. City of Gallatin, 75 Mo. 136; Dillon on Munic. Corp. (3 Ed) §§ 89, 561, 565 ; Fanny v. Rochester, 35 Barb. 177; Field v. Fes .Moines, 39 la. 575 ; Mitchell v. City of Rockland, 52 Me. 118. The establishment and keeping of the pest-house were within the scope of the purposes for which the city was organized, and the fact that the act was done at an improper place or in an…
1Opinion of the CourtHenry, J.
By this suit the plaintiff* seeks to recover •damages from defendant for a trespass upon a tract of land *445owned by him, without the limits- of the city. In the-spring and summer of 1881, the small-pox was prevailing in the City of Kansas, which had no pest house, and the patients were sent out, in charge of the city police and city-physician, and placed in tents by the road-side, in the river bottom, east of the city. The neighbors there compelled the removal of the camp by violence, and' the physician and police finally took possession of plaintiff’s premises, where they remained from June…
2Cases cited4 opinions
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Rowland v. City of GallatinSupreme Court of Missouri · 1881
3Cited by25 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Nika Corp. v. City of Kansas City, Mo.District Court, W.D. Missouri · 1984
- Cook v. Kansas CitySupreme Court of Missouri · 1948
20 more not listed; retrieve them via the Exa API.