Mancuso v. Kansas City
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) A codefendant with the city can not be dismissed by the plaintiff without the consent of the city. If the codefendant is dismissed by plaintiff, all further proceedings in the case will be stayed.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Sloven, Judge. (1) A codefendant with the city can not be dismissed by the plaintiff without the consent of the city. If the codefendant is dismissed by plaintiff, all further proceedings in the case will be stayed. Charter of Kansas City, art. 17, see. 11; Charter of St. Louis, art. 16, sec. 9; Donoho v. Iron Works, 75 Mo. 401, 405; Wiggin v. St. Louis, 37 S. W. Rep. 528, 531; State v. Diveling, 66 Mo. 375; Eosburgh v. Rogers, 114 Mo. 122; St. Joseph v. Landis, 54 Mo. App. 315; St. Louis v. Lane, 110 Mo. 254. (2) Plaintiff can not permit…
1Opinion of the CourtSmith, P. J.
Statement — This is an action to recover damages for personal injuries. In the original petition the city and Peter Madsen were made parties defendant, and it was alleged therein that while plaintiff was walking along the sidewalk on East Third street in the defendant city, in front of a store building owned by defendant Madsen, he stepped upon a coal hole cover which turned and he fell into said coal hole astride of said cover, in consequence of which he received severe personal injuries, etc. The gravamen of the plaint was, that the defendants maintained the coal hole in a defective and…
2Cases cited20 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
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3Cited by16 opinions
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Fehlhauer v. City of St. LouisSupreme Court of Missouri · 1903
- Hill v. NortonWest Virginia Supreme Court · 1914
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
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