City of Fort Scott v. Kansas City, Fort Scott & Memphis Railroad

The opinion of the court was delivered by

Mason, J. :

C. G. Peck, administrator, sued the city of Fort Scott and the Kansas City, Fort Scott & Memphis Railroad Company jointly to recover damages occasioned by their negligence in maintaining a dangerous bridge or trestle across a street of the city. A judgment was rendered against the defendants jointly for $2000. An execution was issued upon the judgment, whereupon the railroad company paid it in full and sued the city for contribution. The city answered *611by setting out the pleadings upon which the judgment was rendered. The district court gave…