Heman Construction Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) A joint judgment obtained against several defendants does not change the status existing between such defendants.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) A joint judgment obtained against several defendants does not change the status existing between such defendants. Freeman on Judgments (4 Ed.), sec. 227, p. 400. (2) The judgment obtained by Catherine Gerst against the Heman Construction Company and the city of St. Louis was based upon the failure to give notice to the plaintiff that the excavation was about to be made, and- that she was about to be deprived of lateral support. It was the failure to give this notice, and only such failure, upon which this court based its…
1Opinion of the Court
BLAIE, C.
— Under a contract with defendant, plaintiff in constructing a sewer excavated along the lot line of property owned by a Mrs. Gerst, and, as a result, a building erected on the lot was damaged. Neither plaintiff nor defendant had notified Mrs. Gerst of the intent to excavate, and in these circumstances the latter recovered a joint judgment against the present plaintiff and defendant for the damage to her property, and the plaintiff here having been compelled to pay that judgment brought this action against the city to recover one-half the amount thereof. From a judgment for plaintiff…
2Cases cited2 opinions
- Gerst v. City of St. LouisSupreme Court of Missouri · 1904
- Morton v. Union Traction Co.Superior Court of Pennsylvania · 1902
3Cited by10 opinions
- John Griffiths & Son Co. v. National Fireproofing Co.Illinois Supreme Court · 1923
- Liberty Mutual Insurance v. JonesSupreme Court of Missouri · 1939
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Mullins v. Kansas CitySupreme Court of Missouri · 1916
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
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