City of Louisiana v. Miller
| Citation | 66 Mo. 467 |
| Parties | CITY OF LOUISIANA v. MILLER, Plaintiff in Error. |
| Decision Date | 31 October 1877 |
| Court | United States State Supreme Court of Missouri |
Error to Louisiana Court of Common Pleas.--HON. GILCHRIST PORTER, Judge.
Morrow & Gray for plaintiff in error.
T. J. C. Fagg for defendant in error
This was an action instituted before a justice of the peace to recover of the defendant the cost of building a sidewalk in front of his premises in the city of Louisiana. On appeal to the Louisiana court of common pleas the plaintiff recovered a personal judgment against the defendant and his sureties in the appeal bond. The work was done under a contract made by the street commissioner of the city, acting under instructions from the city engineer. The city has power, by its charter, to provide, by ordinance, for the construction and repair of all sidewalks; but the charter does not confer upon the city engineer authority to cause sidewalks to be built at his pleasure. No ordinance having been introduced in evidence authorizing the city engineer to direct the work in question to be done, the court erred in giving judgment for the plaintiff. Besides no personal judgment can be rendered against the defendant in such cases. City of St. Louis v. Allen, 53 Mo. 44; Seibert v. Allen, 61 Mo. 488. The judgment of the common pleas court must therefore be reversed, and the cause remanded.
All concur.
REVERSED.
To continue reading
Request your trial
-
Eubank v. City of Edina
...the city or received by it or that the city was under any legal obligation to keep it in repair. Craig v. Sedalia, 63 Mo. 417; City, etc., v. Miller, 66 Mo. 467. (3) Public streets of a city can only be located, laid out and named by ordinance and plat. Carrol v. St. Louis, 4 Mo. App. 191; ......
-
Tritz v. City of Kansas
...50 Mo. 488; Leach v. Cargill, 60 Mo. 316; Saxton v. City of St. Joseph, 60 Mo. 153; Thompson v. Boonville, 61 Mo. 282; City of Louisiana v. Miller, 66 Mo. 467. The rule is that municipal corporations are not liable for injuries resulting from failure to repair sidewalks, streets, etc., in t......
-
The City of Clinton v. Henry County
...St. Louis v. Allen, 53 Mo. 44; Carlin v. Cavendish, 56 Mo. 286; St. Louis v. Bressler, 56 Mo. 350; Riley v. Forsee, 57 Mo. 390; Louisiana v. Miller, 66 Mo. 467. P. J. Barclay, J., absent. OPINION Black, P. J. The city of Clinton, a city of the third class and the county seat of Henry county......
-
Mullins v. Mount Saint Mary's Cemetery Association
... ... 20; Public Schools ... v. St. Louis, 26 Mo. 468; Sheehan v. Hospital, ... 58 Mo. 155; City of Clinton ex rel. v. Henry Co., ... 115 Mo. 557; Kansas City v. Bacon, 147 Mo. 281; ... Driving ... 469; St ... Louis v. Allen, 53 Mo. 44; Neeman v. Smith, 50 ... Mo. 525; Louisiana v. Nutter, 66 Mo. 467; Vance ... v. Corrigan, 78 Mo. 96; Huggins v. Ausmuss, 77 ... Mo. 353; ... ...