St. Joseph Light & Power Co. v. Kaw Valley Tunneling, Inc.

SEILER, Judge.

This action is by the St. Joseph Light & Power Company (“Power Company”) to recover for damages to its buildings and facilities resulting from the construction of a sewer by the city of St. Joseph (“city”). The Power Company’s petition was filed in three counts. Counts I and II alleged damages resulting from the negligence of defendants Kaw Valley Tunneling, Inc., and I. V. Cunningham, Sr., joint venturers (“Kaw Valley”), the city, and the St. Joseph Water Company (“Water Company”). Both counts charged negligence on the part of Kaw Valley in (1) causing excessive vibration in…