Fink v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was an action brought agaiust the City of St. Louis and the St. Louis Tunnel Railroad Company, to recover damages for injuries occasioned to plaintiff’s property by negligence in making an excavation for a sewer. Plaintiff’s property consisted of. a dwelling house fronting and abutting upon Eighth street, in said city.
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Appeal from St. Louis Court of Appeals. This was an action brought agaiust the City of St. Louis and the St. Louis Tunnel Railroad Company, to recover damages for injuries occasioned to plaintiff’s property by negligence in making an excavation for a sewer. Plaintiff’s property consisted of. a dwelling house fronting and abutting upon Eighth street, in said city. The Tunnel Railroad Company was a corporation organized under the general laws of the State, for the purpose of building a subterranean railroad to connect the bridge over the Mississippi river with the railroads leading into the…
1Opinion of the CourtNapton, J.
The only question in this case is the propriety of the assumption on the part of the plaintiff', that the city was liable for any negligence in the reconstruction of the sewer on Eighth street although such reconstruction was brought about in the building of a tunnel in the middle of the street, under authority from the State with which *57the city had no concern. The petition of the plaintiff is based on two grounds, one of which is, that by the charter of the city the power over all the sewers, &c., of the city is expressly and exclusively granted to the city, and more especially, because…
2Cited by2 opinions
- City of Jacksonville v. DrewSupreme Court of Florida · 1882
- Cooper v. City of SeattleWashington Supreme Court · 1897