McGrath v. City of St. Louis & Heman Construction Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. Matt. G. Reynolds, .Judge. (1) Plaintiffs’ evidence did not establish the fact that the city did any excavating at all, and the contract between the city and the contractor which plaintiffs introduced authorized the contractor to excavate in the alley alone. There was, therefore, as to the city, a failure of proof of the first assignment of negligence.
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Appeal from St. Louis City Circuit Court. — Ron. Matt. G. Reynolds, .Judge. (1) Plaintiffs’ evidence did not establish the fact that the city did any excavating at all, and the contract between the city and the contractor which plaintiffs introduced authorized the contractor to excavate in the alley alone. There was, therefore, as to the city, a failure of proof of the first assignment of negligence. The evidence fails to show that the city operated at any place outside of the alley, or that it authorized the contractor to do so. Plaintiffs having introduced the contract in evidence, and…
1Opinion of the CourtGantt, J.
This action was brought by the plaintiffs in the circuit eourt of the city of St. Louis, for damages to their residence, a story-and-a-half brick house, occasioned by an excavation in an alley adjacent thereto, made by the Heman Construction Company in grading for a brick pavement, under a contract with the Board of Public Improvements of the city.
- The petition after certain formal allegations, and a description of the property of the plaintiffs, charges both the contractor, the Heman Construction Company, and the city with having “carelessly and negligently dug and excavated in said public…
2Cases cited9 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Charless v. RankinSupreme Court of Missouri · 1856
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Blumb v. City of KansasSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Sargent v. ClementsSupreme Court of Missouri · 1935
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
- Coul v. George B. Peck Dry Goods Co.Supreme Court of Missouri · 1930
18 more not listed; retrieve them via the Exa API.