Burnes v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson. Judge. (1) To give tbe city tbe right to have a eo-defendant joined with it under section 5723, sucb co-defendant must be liable to an action by tbe party injured.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson. Judge. (1) To give tbe city tbe right to have a eo-defendant joined with it under section 5723, sucb co-defendant must be liable to an action by tbe party injured. (2) Tbe city having absolute control of its streets, was alone responsible for tbe condition of tbe work, and whatever may have been tbe rights of the city with reference to requiring tbe water company to make a change, the plaintiff bad no interest in them. Norton v. St. Louis, 97 Mo. 537; St. Louis v. Ins. Co., 107 Mo. 92; Baustian v. Young, 152 Mo. 317. (3) Even were tbe…
1Opinion of the CourtSmith, P. J.
— This is an action to recover damages for personal injuries. The allegations of the petition were to this effect:
*493“That tlie water company, with knowledge of its co-defendant city, maintained in and on tbe south side of Messanie sti’eet, about twenty feet from the property line, an iron hydrant two feet and four inches high; that the whole of the south half of the street on both sides of the plug was traveled with vehicles; that there were no barriers to prevent persons from driving upon the plug nor were there any lights or other means of warning thereon; that the plaintiff, without knowing…
2Cases cited22 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Baustian v. YoungSupreme Court of Missouri · 1899
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
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3Cited by2 opinions
- Vancleve v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1904
- State ex rel. Gallagher v. Third Judicial District Court for Salt Lake CountyUtah Supreme Court · 1908