Gerber Ex Rel. Gerber v. City of Kansas City

The proceeding here upon appeal and the proceeding upon writ of error arise out of the judgment, diverse in effect, rendered by the circuit court in the suit of William Leroy Gerber, by his next friend as plaintiff, and against W.D. Boyle Construction Company, Kansas City, United States Fidelity Guaranty Company and J.L. Cross, as defendants, to recover damages for injuries sustained by plaintiff, and alleged to have been caused by the negligence of the Construction Company and its employees, and also by the negligence of the city.

The Boyle Construction Company contracted with Kansas City to…