Barry v. City of St. Louis
Supreme Court of Missouri
Appeal from Si. Louis Court of Common Pleas. The city is not responsible for any injury sustained by the plaintiff through the negligence of the contractor. To make one person liable for an act or omission of another, the latter must be the servant of the party sought to be made liable. Milligan v. Wedge, 12 Ad. & Ell. 787. Quarman v. Burnett, 6 Mees. & Weis. 497. Rapson v. Cubitt, 9 Mees. & Weis. 710. Reedie, also Howitt v. London & JY. W. Railroad Co., 4 Weis.
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Appeal from Si. Louis Court of Common Pleas. The city is not responsible for any injury sustained by the plaintiff through the negligence of the contractor. To make one person liable for an act or omission of another, the latter must be the servant of the party sought to be made liable. Milligan v. Wedge, 12 Ad. & Ell. 787. Quarman v. Burnett, 6 Mees. & Weis. 497. Rapson v. Cubitt, 9 Mees. & Weis. 710. Reedie, also Howitt v. London & JY. W. Railroad Co., 4 Weis. Hurl. & Gord. 248-258. Knight v. Fox & Henderson, 1 Eng. Law & Eq. Rep. 480, decided in November, 1850. Allen v. Hayward, 53 Eng.…
1Opinion of the CourtRylaND, Judge
The city of St. Louis contracted with Peter Brooks, for the construction of the Biddle street sewer. The general right was reserved in the contract, to the city engineer, to inspect the work, and watch the progress of its execution. The contractor was, for a consideration agreed upon, to furnish the materials and do all the work, including the necessary excavations. In the progress of the work, a deep trench was cut, and the plaintiff’s intestate, Richard Barry, in bis petition, charged that, as be was carefully walking in the night time down Biddle street from Broadway to the boat on which…
2Cases cited1 opinion
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
3Cited by37 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- City of Logansport v. DickIndiana Supreme Court · 1880
- City of Detroit v. CoreyMichigan Supreme Court · 1861
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