Wiethaupt v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. . (1) In an 'action against the city of St. Louis for damages for injuries sustained upon a public highway by reason of its defective condition,, it is not necessary to join as a co-defendant with the city any third party who may be also liable by reason of his having created the defect.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. . (1) In an 'action against the city of St. Louis for damages for injuries sustained upon a public highway by reason of its defective condition,, it is not necessary to join as a co-defendant with the city any third party who may be also liable by reason of his having created the defect. Badgley v. St. Louis, 149 Mo. 122. (2) But where the plaintiff chooses to bring one joint action against such third party and the city of St. Louis, the defendants occupy antagonistic positions, are adversary parties, and a judgment in…
1Opinion of the CourtValliant, J.
This is a suit for damages on account of personal injuries sustained by plaintiff occasioned by an obstruction left in one of the streets- of the city. The suit originally was against the city and George Prendergast, the latter being engaged in laying water mains in the streets under contract with the city, and, as plaintiff alleges, negligently left a large pipe, intended for that purpose, lying in the street, at night, unguarded and without warning light or signal, so that the vehicle- in which plaintiff was riding was driven against the pipe, and caused the horse that was drawing the…
2Cases cited3 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Lee v. KaiserSupreme Court of Missouri · 1883
- State ex rel. Cass County v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
3Cited by8 opinions
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Crabtree v. Bankers Life Ins., Des Moines, Ia.Missouri Court of Appeals · 1939
- State ex rel. Goodman v. Regent Laundry Co.Missouri Court of Appeals · 1916
- Zellar v. RansonMissouri Court of Appeals · 1909
- Moormeister v. HannibalMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.