Legal Opinion

Sutter v. Kansas City

Missouri Court of Appeals

Decided May 31, 1909PublishedCited by 12 opinions

Appeal from Jackson Circuit Court. — Eon. Thomas J. Beehorn, Judge. (1) The court erred in excluding the record of the former action against the Metropolitan Street Railway Company, (a) A claimant in an action for damages for personal injuries first defeated by the party responsible over or primarily liable, cannot in another action recover from the party in privity or secondarily liable. McGinnis v. Railroad Company, 200 Mo. 347; Delaplain v. Kansas City, 109 Mo.

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Appeal from Jackson Circuit Court. — Eon. Thomas J. Beehorn, Judge. (1) The court erred in excluding the record of the former action against the Metropolitan Street Railway Company, (a) A claimant in an action for damages for personal injuries first defeated by the party responsible over or primarily liable, cannot in another action recover from the party in privity or secondarily liable. McGinnis v. Railroad Company, 200 Mo. 347; Delaplain v. Kansas City, 109 Mo. App. 107; Anderson v. Fleming, 160 Ind. 597, 67 N. E. 443; Hill v. Bain, 15 R. I. 75, 23 Atl. 44; Featherston v. Turnpike Co., 71…

1Opinion of the CourtBroaddus, P. J.

— This suit is to recover damages for injuries sustained by plaintiff as the alleged result of the defendant’s negligence.

Prior to August 29, 1903, the Metropolitan Street Railway Co. in laying its tracks on Charlotte Street, in Kansas City took up the bricks in the pavement and piled them in the parking between the curbing and the sidewalk. Children while playing from time to time took some of these bricks from the piles and scattered them on the sidewalk. The plaintiff while passing oyer the sidewalk at about 8 o’clock p. m. of the said date struck her foot against some of the bricks that…

2Cases cited8 opinions

  1. McGinnis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1906
  2. Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
  3. Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
  4. Norton v. City of St. LouisSupreme Court of Missouri · 1888
  5. Welsh v. City of St. LouisSupreme Court of Missouri · 1880

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. City of Tulsa v. WellsSupreme Court of Oklahoma · 1920
  2. Chambers v. City of Kansas CitySupreme Court of Missouri · 1969
  3. Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
  4. McVeigh v. McGurrenCourt of Appeals for the Seventh Circuit · 1940
  5. Roy v. Kansas CityMissouri Court of Appeals · 1920

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