City of Independence v. Slack
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) One whose acts are the primary cause of an injury to another, for which a city is compelled to respond in damages is liable over to such city for such damages. 2 Dillon's Municipal Corporations [3 Ed.], sec. 1062; St. Joseph v. Railroad, 116 Mo, 637; Portland, v. Richardson, 54 Maine, 46; Littleton v. Richardson, 34 N. H. 179; Boston v. Worthington, 10 Gray (Mass), 496. (2) Even if this case be determined on…
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Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) One whose acts are the primary cause of an injury to another, for which a city is compelled to respond in damages is liable over to such city for such damages. 2 Dillon's Municipal Corporations [3 Ed.], sec. 1062; St. Joseph v. Railroad, 116 Mo, 637; Portland, v. Richardson, 54 Maine, 46; Littleton v. Richardson, 34 N. H. 179; Boston v. Worthington, 10 Gray (Mass), 496. (2) Even if this case be determined on the theory that an independent contractor did the work, defendants can not escape liability and the demurrer to…
1Opinion of the CourtMaceakdane, J.
Henry C. Phelps obtained a judgment against plaintiff, the city of Independence, for physical injuries caused by stones and other obstructions which it negligently permitted to remain on one of its streets. This suit is prosecuted by plaintiff against defendants who, it is alleged, wrongfully and negligently placed the obstructions in the street and were primarily liable, and, as a consequence, are liable over to plaintiff, who had paid the judgment against it.
The petition charges that at the time the said Phelps received his injuries defendants Slack and *73McCauley were engaged in the…
2Cases cited3 opinions
- Water Co. v. WareSupreme Court of the United States · 1873
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
3Cited by17 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- McGrath v. City of St. Louis & Heman Construction Co.Supreme Court of Missouri · 1908
- Thomas v. HarringtonSupreme Court of New Hampshire · 1903
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