Blumb v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — -Hon. T. M. Gill, Judge. (1) There was no privity whatever between the city and the servants of the contractor, and hence it is not liable for their acts. Kelly r>. Mayor, 11 N. Y. 433; McCafferty v. It.
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Appeal from Jackson Circuit Court. — -Hon. T. M. Gill, Judge. (1) There was no privity whatever between the city and the servants of the contractor, and hence it is not liable for their acts. Kelly r>. Mayor, 11 N. Y. 433; McCafferty v. It. R., 61 N. Y. 178 ; Joliet v. Seward, _§6 111. 402. (2) The city was not liable for the failure of the city engineer to suspend the doing of the work, though he might have done so if he saw fit to under the contract, because that was discretionary with the engineer. Dillon on M. C. (3d Ed.), sec. 949; Edwards r>. Ferguson, 73 Mo. 686 ; Schoettgen v. Wilson,…
1Opinion of the CourtHenry, C. J.
This is an action to recover damages for an injury to plaintiff, from a blast made in constructing a sewer in the City of Kansas, by which a stone was thrown upon or against plaintiff. In 1881, the city let a contract to one O’Connell, to build a district sewer in Locust street, from Tenth to Twelfth street, to be paid for in special tax bills against property in that sewer district, and, in the course of constructing the sewer, it became necessary to remove, by blasting, rock that was encountered in the prosecution of the work, and it was in making a blast for that purpose that plaintiff…
2Cases cited3 opinions
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- Morris v. Salt Lake CityUtah Supreme Court · 1909
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