Kinloch Telephone Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circ'uit Court. — Hon. W. B. Homer, Judge. (1) Tbe defendant is liable to contribution under tbe statute. R. S. 1909, sec. 5431; Brewster v. Gauss, 37 Mo. 518; Eaton v. Trust Co., 123 Mo. App. 117; Judd v. Walker, 158 Mo. App. 168; Spalding v. Bank, 78 Mo. App. 374; Mulderig v. Railroad, 116 Mo. App. 672. (2) Tbe defendant is liable to contribution at common law. Iron Co. v. Rice, 179 Mo. 494; Mayberry y.
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Appeal from St. Louis City Circ'uit Court. — Hon. W. B. Homer, Judge. (1) Tbe defendant is liable to contribution under tbe statute. R. S. 1909, sec. 5431; Brewster v. Gauss, 37 Mo. 518; Eaton v. Trust Co., 123 Mo. App. 117; Judd v. Walker, 158 Mo. App. 168; Spalding v. Bank, 78 Mo. App. 374; Mulderig v. Railroad, 116 Mo. App. 672. (2) Tbe defendant is liable to contribution at common law. Iron Co. v. Rice, 179 Mo. 494; Mayberry y. Railroad, 100 Minn. 79, 12 L. R. A. (N. S.) 678. Tbe pleadings in tbe Merritt case show that tbe judgment there was bottomed on tbe concurring negligence of both…
1Opinion of the Court
ROY, C.
— One Merritt recovered judgment for $4000 as damages for personal injuries in a suit against both the parties to this suit. The telephone company paid that judgment with interest and costs and sues herein for contribution. Defendant had judgment and plaintiff has appealed. The opinion of *492this court on appeal in the Merritt ease is reported in 215 Mo. 299. Reference is made to the report of that case for such facts as are not herein stated.
In the latter part of September, 1901, the telephone company replaced an old pole with a new one at the intersection of Newstead Avenue with Lucky…
2Cases cited10 opinions
- Kranz v. Long Island Railway Co.New York Court of Appeals · 1890
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- City of Elkhart v. WickwireIndiana Supreme Court · 1882
- Thompson v. LindsaySupreme Court of Missouri · 1912
- Heman Construction Co. v. City of St. LouisSupreme Court of Missouri · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Missouri Pacific Railroad v. Whitehead & Kales Co.Supreme Court of Missouri · 1978
- Krametbauer v. McDonaldNew Mexico Supreme Court · 1940
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Crouch v. TourtelotSupreme Court of Missouri · 1961
- Kansas City Southern Railway Co. v. Payway Feed Mills, Inc.Supreme Court of Missouri · 1960
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