City of Independence v. Ott
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The general rule is that he who employs an independent contractor to do work is not liable for the negligence of that contractor, but to this general rule there are exceptions: First. In case the work is necessarily dangerous to the person or property of another. Second. Or in case the person authorizing the work is charged with the duty of seeing that it is carefully done. Third.
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Appeal from Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The general rule is that he who employs an independent contractor to do work is not liable for the negligence of that contractor, but to this general rule there are exceptions: First. In case the work is necessarily dangerous to the person or property of another. Second. Or in case the person authorizing the work is charged with the duty of seeing that it is carefully done. Third. Or in case of work that unless carefully done will necessarily or probably result in the creation of a nuisance. The consensus of authority is that…
1Opinion of the CourtGantt, P. J.
This is an action by the city of Independence, a city of the third class, under the laws of this state, to recover from the executors of Christian Ott, deceased, $2,933.13, the amount of a judgment, costs, and expenses paid by said city on a judgment obtained against it by the guardian of one Joel Ball, an insane person, for personal injuries sustained by said Ball from a fall into an excavation, alleged to have been made in the streets of said city by said Christian Ott and James E. Payne, in the lifetime of said Ott.
The facts upon which recovery is sought are as follow: In the year 1887…
2Cited by4 opinions
- State v. DukeTexas Supreme Court · 1911
- American Surety Co. v. Fruin-Bambrick Construction Co.Missouri Court of Appeals · 1914
- De Donato v. MorrisonSupreme Court of Missouri · 1901
- Martinez v. Midland Bank & Trust Co.Missouri Court of Appeals · 1983