Donahoe v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J.-H. Sloyek, Judge.- (1) The authority of the city to build sewers is given for a public purpose; not for the private benefit of the corporation, and the city is not liable for the negligence of its officers and employees. Murtaugh v. St. Louis, 44 Mo. 479; Carrington v. St. Louis, 89 Mo. 208; Kiley v. Kansas City, 87 Mo. 103; 15 Am. and. Eng.
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Appeal from Jackson Circuit Court. — Hon. J.-H. Sloyek, Judge.- (1) The authority of the city to build sewers is given for a public purpose; not for the private benefit of the corporation, and the city is not liable for the negligence of its officers and employees. Murtaugh v. St. Louis, 44 Mo. 479; Carrington v. St. Louis, 89 Mo. 208; Kiley v. Kansas City, 87 Mo. 103; 15 Am. and. Eng. Ency. of Law, 1141, sec. 16. (2) Kansas City has the right to provide for the construction of a sewer only by ordinance (sec. 1, art. 3, page 13 and subdivision 6 of same section, page 14, of the city charter).…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries sustained by plaintiff while engaged as a laborer in digging a trench for a sewer in said city. The work was being done by the superintendent of streets of the city under an order of its board of public works. Plaintiff was employed by said superintendent. The work was being done under the immediate charge of one Powers as foreman, who was also employed by the superintendent.
The petition alleged “that the defendant and its duly appointed representative in charge of said work, negligently and carelessly failed to sufficiently brace, shore up,…
2Cases cited21 opinions
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
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3Cited by42 opinions
- State Ex Rel. Askew v. KoppSupreme Court of Missouri · 1960
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Richardson v. City of St. LouisMissouri Court of Appeals · 2009
- St. Joseph Light & Power Co. v. Kaw Valley Tunneling, Inc.Supreme Court of Missouri · 1979
- Bane v. IrwinSupreme Court of Missouri · 1903
37 more not listed; retrieve them via the Exa API.