Wilson v. City of St. Joseph
Missouri Court of Appeals
Appeal from Bucbanan Circuit Court. — No». Ohesley A. Mosman, Judge. (1) The contract introduced in evidence by plaintiff does not show that it was the duty of the engineer to designate the established grade, but on the contrary, the profile and specifications were filed with the board of public works and were made a part of the plaintiff’s contract, giving the established grade for plaintiff, and under the contract it only became the duty of the said -engineer and. board of…
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Appeal from Bucbanan Circuit Court. — No». Ohesley A. Mosman, Judge. (1) The contract introduced in evidence by plaintiff does not show that it was the duty of the engineer to designate the established grade, but on the contrary, the profile and specifications were filed with the board of public works and were made a part of the plaintiff’s contract, giving the established grade for plaintiff, and under the contract it only became the duty of the said -engineer and. board of public works to superintend and direct tbe carrying out of tbe contract as made between plaintiff and. defendant city.…
1Opinion of the CourtEllison, J.
This action was instituted against the defendant city and the other defendants, who are the city engineer and his assistant, to recover damages on account of misdirection as to the grading of a certain street in said city. The judgment in the trial court was for the plaintiff.
It appears that the plaintiff secured the contract to grade the street which was to be done at the point in controversy by filling earth into it. The city engineer set his stakes wrong so that they indicated a grade which was higher than called for by the contract. The plaintiff conformed the grade to the stakes. On some…
2Cases cited1 opinion
- Burke v. City of KansasMissouri Court of Appeals · 1889
3Cited by4 opinions
- United Construction Co. v. City of St. LouisSupreme Court of Missouri · 1934
- The Board Of County Commissioners Of Wyandotte County, Kansas v. William J. HowardCourt of Appeals for the Tenth Circuit · 1956
- City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
- Board of County Commissioners of Wyandotte County v. HowardCourt of Appeals for the Tenth Circuit · 1956