Gerst v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The" Heman Construction Company was an independent contractor for the construction of the sewer, and neither it nor its employees were agents or servants of the city of St. Louis; and for injuries occasioned third parties by the acts of the contractor or its ■employees the city is not liable.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The" Heman Construction Company was an independent contractor for the construction of the sewer, and neither it nor its employees were agents or servants of the city of St. Louis; and for injuries occasioned third parties by the acts of the contractor or its ■employees the city is not liable. Charter of St. Louis, art. 6, secs. 15, 27; Barry v. St. Louis, 17 Mo. 121; Blumb v. Kansas City, 84 Mo. 112; Crenshaw v. Ullman, 113 Mo. 639; Independence v. Slack, 134 Mo. 75; Long v. Moore, 107 Mo. 334;'Hilsdorg v. St. Louis,…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the St. Louis City Circuit Court in favor of the plaintiff, Catherine T. Gerst, for the sum of seventeen hundred and thirty-eight dollars and eighty-eight' cents against the defendants, the city of St: Louis and the Heman Construction Company.
The plaintiff is the owner of a lot in said city on which are two houses known as Nos. 3015 and 3017 Newstead avenue, fronting thirty-three feet on the west line of said avenue, the north wall of said buildings extending back therefrom along the south line of an alley which the petition alleges is about nine feet six…
2Cases cited10 opinions
- Charless v. RankinSupreme Court of Missouri · 1856
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Marshall v. SchrickerSupreme Court of Missouri · 1876
- Eads v. GainsMissouri Court of Appeals · 1894
- Atkinson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Royal Indemnity Company v. SchneiderMissouri Court of Appeals · 1972
- Mullan v. HackerCourt of Appeals of Maryland · 1946
- McGrath v. City of St. Louis & Heman Construction Co.Supreme Court of Missouri · 1908
- Hickman v. WellauerWisconsin Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.