[DOWNLOAD] "Milton Loeffler v. City Kansas City" by Missouri Court of Appeals Kansas City District * eBook PDF Kindle ePub Free
eBook details
- Title: Milton Loeffler v. City Kansas City
- Author : Missouri Court of Appeals Kansas City District
- Release Date : January 02, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff, appellant here, seeks damages for fire loss occurring as a result of acts of mob violence in Kansas City on April 10, 1968. The plaintiff's petition was grounded on Section 537.140 V.A.M.S., which states: ""Any city of the first class or of the second class in which such acts [unlawful or riotous assembly]shall be committed shall be liable to the person or persons whose properties shall be destroyed or injured thereby, for the value of the properties so destroyed, or the damage thereto, and the same may be recovered by suit at law, without joining any person or persons with said city or town as defendants in said suit."" (Brackets added) The trial court dismissed plaintiff's petition, holding the statute inapplicable to the City of Kansas City. We affirm the trial 634 court. Plaintiff seeks reversal of the trial court on alternative grounds. First, that Kansas City being a city containing more than one hundred thousand (100,000) persons is thereby a first class city and subject to the statute relied upon. Second, that even if not a first class city, Kansas City being under the charter form of government, is by Article VI, Section 19, of the Constitution of the State of Missouri, required to ""frame and adopt a charter for its own government, consistent with and subject to the constitution and laws of the state"". Section 537.140 being a part of the laws of the state, is applicable to the City of Kansas City.