Fuchs v. St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (3 ) The Waters-Pierce Oil Company was properly joined as a defendant with the city under section 9, of article 15, of the scheme and charter (R. S. 1889, p. 2143). It is there provided that whenever the city is jointly liable for. a tortious act with another party who resides in this state that then such other party shall be made a codefendant..
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (3 ) The Waters-Pierce Oil Company was properly joined as a defendant with the city under section 9, of article 15, of the scheme and charter (R. S. 1889, p. 2143). It is there provided that whenever the city is jointly liable for. a tortious act with another party who resides in this state that then such other party shall be made a codefendant.. And it is provided, further, that if ‘ ‘it is made to appear that any person or corporation ought to be joined as a defendant in the suit according to the provisions of this…
1Opinion of the Court
DIVISION ONE.
Barclay, J.
This action was brought under the damage act (R. S. 1889, chap. 49, secs. 4426, 4427) to recover for the death of Mr. Carl E. Euchs. Plaintiff is his widow and charges that his death was occasioned by the wrongful act or neglect of the defendants, which charge the defendants deny. The defendants are the city of St. Louis and the Waters-Pierce Oil Company.
The case came to trial in the circuit court, in St. Louis. At the close of the testimony instructions were given to the effect that plaintiff could not recover against either defendant. Plaintiff took a nonsuit with…
2Cases cited4 opinions
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Koelsch v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Sheridan v. FoleySupreme Court of New Jersey · 1895
- Lee v. Vacuum Oil Co.New York Supreme Court · 1889
3Cited by27 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Mangold v. BaconSupreme Court of Missouri · 1911
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
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