*1 рassion prejudice is the result of A verdict that is the result of aside, regardless be of its jury and should set misconduct amount, that is excessive is no evidence of misconduct but verdict аs to the amount can be cured jury, an honest mistake question verdict hold that excessiveness remittitur. We properly before us. said, judgment trial it follows that the From we have what affirmed. It is so ordered. All should be concur. court Missouri, Appellant, ex rel. Audrain Missouri 197 Missouri. No. Mexico, (2d) 39876. 301. Two,
Division November 1946. Buffington George J. W. P. Adams for appellant. *2 Jr., Matre, respondent.
William W. Van for for BOHLING, issue determination whether a C. The delegated police power municipality in the exercise install portion county on that land owned as its parking meters knowingly permittеd property public to be used as private County from a appeals in the affirmative. The street. We answer City’s sustaining power. decree Missouri, original Mexico, filed рlat of the Town of width; of 60 feet in square 240 feet and streets
provided for blocks buildings called the public stating: “The 25th Block is reserved Au- conveyed square.” addition, Block 25 was public In County county, Missouri, in of the location drain consideration City. Block A courthouse was erected thereon said Seat in said square. purposes as a courthouse has devoted thereafter been width, from sidewalk In 1899 the established 50 feet further sidewalk, “square,” around the and thereafter streets existing pavements In widened said streets. 1937 the sidewalks аgainst paid portion laid. The it without weré assessed upon improvement objection. We understand that encroaches County’s feet, 8 feet feet; and that 6 to land about *3 Cоunty’s around of on land is the extent of the width the street the sidewalks) “square.” (including portions The of the streets the the County’s a and now used long on land for time have been are the The traffic thereover for vehicular traffic. vehicular pedestrian and by including regulations heavy City, the regulated is and has been 1945, the 25, limiting parking automobiles. On October the time fоr regula- for the City by ordinance, “parking meter zones” established use of provided for the parking on the streets and tion of vehicles therewith, including the' parking installation meters in connection County’s parking portions and maintenance of meters on the “square.” purposes surrounding land devoted to the street County simple it has The that as fee оf the land contends owner having right permit property desires, it it the to such use of its City manner permitted regulate the thereon in a heretofore to traffic by limits wit, regulating parking to time acceptable to the may not, County’s con- through signs; City the the but that without sent, enlarge privilege. or or extend such license
Highways the of and trans primarily purpose еxist for travel any period privilege. a portation, parking and thereon for extended is 1812, In it was stated Bex 244, Highways, 40 Sec. 233. C. J. S. 224, involving parking stage of coaches Cross, Campbell v. 3 a the case street, stable-yard King’s the on a that: “No one can make a of subject regulation highway.” highways are reasonable The by v. police power. of supervision the the exercise its State State Dixon, Co. v. State 335 Mo. Highway Comm., 478, 481 [2], 73 332 Mo. S. W. 2d 592, 385, 599, 60 W. 2d 387 [2] S. ; Park Trans. 388, 240, power. S., p. 390 The 40 J. Sec. delegate State C. [5]. 232; 544, Am. Jur., p. 25 Secs. 253-255. They have, cities are of the State. Counties and subdivisions in however, legal distinctions. Counties are certain fundamental by voluntary quasi corporations nature, a created of local 615 general regard law and into come existence without to the wishes or p consent their respective They of inhabitants. are not chartered cor They governmental agency are created aas to facilitate orations. They laws political administration of the State. do have legislative powers self-government. They for local have been grade corporate said to rank low in Municipal existence. cor porations voluntary result association of the inhabitants primarily sanctioned -the for purpose self-govern of local ment subordinate at State and constituting, the same time although instrumentality secondary, an effective for the administration governmental charter, A defining powers duties, affairs. their is existence; essential their creation and which upon is effected “incorporation.” progress. Cities have been chief factor in human They policy authority making exercise legislative powers and have government. their local It is with purposes inconsistent of their jurisdiction creation that counties exercise over their affairs. authority Dual tend especially would to create confusion. This true governmental police power. indispensability of an exercise of self-government problems local implicit safety, arises from in the health, order, thickly morals, prosperity, general welfare of populated Stremmel, 309; areas. Heller v. 52 Mo. State ex rel. v. 458; Leffingwell, County 54 Walser, 189; Mo. Barton v. 47 Mo. Cook Chicago, 234, 512, v. 311 Ill. 142 N. E. 31 442; A. L. R. 20 p. 753, Counties, 72, C. J. 1-3; p. Municipal Secs. C. Corpora J. tion, 11-13, p. 186, p. 184; 247, 73, Secs. Seс. 74. The Sec. nn. jurisdiction city county attaches and that of the ceases when county territory rural or municipality. is annexed to a St. Louis Gaslight Louis, 121, 133; Knapp, Co. of St. Mo. Kurtz v. App. 608, 537; S. W. Muniсipalities, Mo. C. J. Secs. *4 117, city sphere action, 120. Within its authorized of a has been Portland, City termed “a Paulsen v. of 149 minature state.” U. S. 30, 38, 750, Ct. L. policy government S. 37 Ed. 637. This of 13 has recognition by Assembly рractical received the General of Missouri. delegated City The State of Missouri has the Mexico a to of as city authority prevent of the third class to the obstruction of its side- by (Sec. 6952, 1939) and, along walks and vehicles R. streets S. with State, authority by specific ordinance, other of the “. . . cities to regulations of or make additional the road traffic to meet rules their conditions; regulate parking needs traffic . . . the of ve- by parking limiting hicles on of streets the installation meters for the by exacting adoption time fee or parking of a therefor the of any regulatory practical other method that is reasonable . . .” pp. 659-661, 8395, R. 1943, amending Laws Sec. S. 1939. Said Sec. 65, Chap. 8395 of R. 8366 part is a of Art. I S. 1939. Section thereof ‘‘ part: exclusively controlling provides in This article shall be on the 616 public vehicles, their use on the regulation
. ... of motor . . “Definitions,” de- 8367, Id., et And entitled highways” cеtera. Sec. “Any vehicles, includ- thoroughfare for “Highway” public fines as: boulevards, avenues, roads, streets, roads, county public ing state ’’ any parkways alleys municipality. in or on its streets regulation parking of automobiles The by City 59 City [4] of of city (appeal dismissed, Clayton Nemours, Clayton is a valid exercise of v. v. Nemours, 323 U. S. 237 Mo. 353 the Mo. 684, State’s App. 167, 89 L. Ed. 61, 66 delegаted police power. [3], 554, 65 180, 182 S. W. 164 S. Ct. S. W. 2d 560); 57, 2d 497, ; City Clayton, App. 237 935, Nemours v. of Mo. 942[16] 65[1, regulation W. This is true of such 509, 60, 175 S. 2d also ]. 2 Mo. by City Springfield, v. 237 parking of meters. Wilhoit of means 98[2, 784, 95, Additional authorities 775, 786, 171 S. W. 2d App. ]. 9 2d Mich. 676, N. W. City Muskegon, v. оf 305 9 cited Bowers 142; Cassidy Waterbury, 237, 130 33 Atl. 2d 889; City v. of Conn. City Riley 371; Spokane, Hickey (Ore.), v. 162 2d Kimmel v. Pac. 316; 130 R. 1069; Annotations, 2d 2d A. L. 372, Wash. 109 Pac. no presents R. A. L. 299. The record 1152, 108 A. L. R. instant the aught valid that the ordinance beforе us is but a exercise issue police City power of the of Mexico. previously ruled The law of the extends
As this State: road ways highways, jure facto, embracing private publiс to de or de on all public necessity regulation in property if used for travel. gives power to permitted police in the use rise and makes herent public private highway. land used as a de facto applicable to when 57, Clayton Nemours, 61, 2d City v. 353 Mo. 66 S. W. [4], City Nemours, 167, seq., ; Clayton App. v. Mo. 177 et 60[7-9] ; Clayton, 935, 15, 2d Nemours 164 S. 940[11-13, 16] repeat 175 W. 2d 65. We need App. 497, Mo. delegated authority have not to what there Counties been is stated. city their cited regulate traffic over streets within boundaries. We are authority, has none under instant to and our search revealed no city taking use as a street facts, land devoted out by county. because police power delegated to cities owned Ashley Co., Louisiana, Bowling Green & Road Jump v. Gravel ex rel. only authority by 153,W. cited App. 175, 92 S. 116 Mo. not on issue. high governmental of a seeks thwart exercise Here proprietary rights in land of a naturе prerogative interposing require regulation has to such an extent which it released *5 (to power of the State which counties and police It is involved. subservient) agent authorized exercised cities alike City, City, police power that State, not the permits the user successfully long as it do so it This attacks. requiring regulation. Barrett, CC., concur. judgment is affirmed. Westhues C., adopted opinion by Bohling, foregoing
PER CURIAM: —The judges All the concur. the court. opinion Mary of the Person Guardian Gaertner, M. Beil Clifford Edith W. Gaertner M. of Mart Beil; Clifford Estate (2d)W. 611. 39833. 197 S. Gaertner, Appellants. No. One, October
Division 1946.
Rehearing Denied, November 1946.