Dorton v. Burks
Missouri Court of Appeals
Appeal from St. Francois'Circuit Court.— Eon. James D. Fox, Judge. (1) The matter of restraining stock from running at large by a municipal corporation pertains to “the police power, and the wrongs complained of having been caused by an act of an officer of the city while attempting to enforce a police regulation,, the maxim respondeat superior does not, apply; therefore, defendants’ demurrer, offered at the close of plaintiff’s testimony, should have been sustained.
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Appeal from St. Francois'Circuit Court.— Eon. James D. Fox, Judge. (1) The matter of restraining stock from running at large by a municipal corporation pertains to “the police power, and the wrongs complained of having been caused by an act of an officer of the city while attempting to enforce a police regulation,, the maxim respondeat superior does not, apply; therefore, defendants’ demurrer, offered at the close of plaintiff’s testimony, should have been sustained. McYey v. Barker, 92 Mo. App. 498; Culver v. City of Streator, 130 111. 238; McYey v. Baker, 88 Mo. App. 515. (2) Under the…
1Opinion of the CourtGoode, J.
This is an action of replevin instituted by respondent Dorton against appellant Burks,, marshal of the city of Farmington, and against the city of Farmington itself, to recover possession of a cow which had been taken up by the marshal while straying inside the city limits and placed in the city pound by virtue of an ordinance authorizing that action. The cow had strayed once before into the city limits and had been impounded, on which occasion Dorton had paid the costs of her restraint, whereupon she was restored to him. She strayed again during the latter part of December, 1900, and being…
2Cases cited2 opinions
- McVey v. BarkerMissouri Court of Appeals · 1902
- Sherrell v. MurrayMissouri Court of Appeals · 1892