Kansas City, St. Joseph & Council Bluffs Railway Co. v. Morley
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) In the face of the foregoing provisions of the contract entered into by the defendant for the construction of this sewer, it will not do for him to claim that the plaintiff was in duty bound to protect its tracks at its own expense. (2) Again, the weight of passing engines and trains upon an unsupported track over the sewer would be liable to crush it.
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Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) In the face of the foregoing provisions of the contract entered into by the defendant for the construction of this sewer, it will not do for him to claim that the plaintiff was in duty bound to protect its tracks at its own expense. (2) Again, the weight of passing engines and trains upon an unsupported track over the sewer would be liable to crush it. These considerations alone show that the benefit defendant would receive from the performance of the work by the plaintiff was an amply sufficient consideration for…
1Opinion of the CourtGilJj, J.
— Defendant Morley had a contract with the city of St. Joseph for the construction of a sewer along Patee street and running from Sixth street westward to the Missouri river. The plaintiff railroad company has its main track on and along the street next to-*307the river and under the surface of this street which ■crosses Patee street at right angles it was necessary to build the sewer. Plaintiff’s evidence tends to prove that, when about to begin the construction of said ■sewer, defendant called on plaintiff’s superintendent and requested the plaintiff to bridge up or put in the necessary support…
2Cases cited2 opinions
- Kirby v. Citizens' Railway Co.Court of Appeals of Maryland · 1878
- National Water Works Co. v. City of KansasMissouri Court of Appeals · 1886
3Cited by4 opinions
- New Orleans Gaslight Co. v. Drainage CommissionSupreme Court of Louisiana · 1903
- Columbia Incandescent Lamp Co. v. American Electrical Manufacturing Co.Missouri Court of Appeals · 1895
- H. C. Lindsly & Son v. Kansas City Viaduct & Terminal Co.Missouri Court of Appeals · 1911
- Snyder v. SchardtHamilton Circuit Court · 1907