Kampmann v. Rothwell
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Kothwell sued Mrs-. Kampmann for personal injuries caused by defects in her sidewalk while undergoing construction. Defendant made the contractors, Fitzgerald and Basille defendants to a plea to recover over against them.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Kothwell sued Mrs-. Kampmann for personal injuries caused by defects in her sidewalk while undergoing construction. Defendant made the contractors, Fitzgerald and Basille defendants to a plea to recover over against them. Judgment went for plaintiff against defendant and in favor of the contractors on defendant’s plea against them, Mrs. Kampmann appealed, and on affirmance obtained writ of error.
1Opinion of the CourtJustice Brown
Mrs. Kampmann owned a home in San Antonio situated at the southeast corner of 4th Street and Avenue E. Sometime anterior to the date of Rothwell’s injury Mrs. Kampmann employed Fitzgerald & Basille upon terms which made them independent contractors to build a sidewalk in front of her property and they did construct it in accordance with and under the said contract. Sometime thereafter a break appeared in the sidewalk and Mrs. Kampmann called upon the contractors, Fitzgerald & Basille, to repair it, claiming that they should do so under the contract for its construction, and refused to pay…
2Cases cited5 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Chesapeake & Ohio Canal Co. v. County CommissionersCourt of Appeals of Maryland · 1881
- Smith v. ForanSupreme Court of Connecticut · 1875
- Zulkee v. WingWisconsin Supreme Court · 1866
3Cited by66 opinions
- Buchanan v. RoseTexas Supreme Court · 1942
- Austin Road Co. v. PopeTexas Supreme Court · 1949
- McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1934
- Bond v. Otis Elevator CompanyTexas Supreme Court · 1965
- Hoechst Celanese Corp. v. ComptonCourt of Appeals of Texas · 1994
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