De Donato v. Morrison
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) Where the injury complained of is the result of the concurrent acts of two persons, each is jointly and severally liable for tbe whole. Shearman & RedfLeld on Negligence (5 Ed.), secs. 31, 39; Hunt v. Railroad, 14 Mo. App. 160; Bridge Co. v. Miller, 138 111. 477; Phosphate Co. v. London, etc^, Dock Co., L. R. 9 Cham Div. 503; Banks v. Railroad, 40 Mo. App. 458; Waller v. Railroad, 59 Mo.
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Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) Where the injury complained of is the result of the concurrent acts of two persons, each is jointly and severally liable for tbe whole. Shearman & RedfLeld on Negligence (5 Ed.), secs. 31, 39; Hunt v. Railroad, 14 Mo. App. 160; Bridge Co. v. Miller, 138 111. 477; Phosphate Co. v. London, etc^, Dock Co., L. R. 9 Cham Div. 503; Banks v. Railroad, 40 Mo. App. 458; Waller v. Railroad, 59 Mo. App. 410; Ring v City of Cohoes, 77 N. T. 83; Benjamin v. Railroad, 133 Mo. 274. (2) The burden of showing-that the intervening cause…
1Opinion of the CourtBrace, P. J.
In July, 1896, defendants were the owners of building No. 519, on Olive street, in the city of St. Lotus. The plaintiff was their tenant from month to month, and James M. Carpenter was the owner of the premises, No. 517, adjoining the same on the east. On the eleventh day of that month the following notice was served on the plaintiff:
“St. Louis, Mo., July 11, 1896.
“E. De Donato, Esq., 519 Olive street, City.
“Dear Sir: — Please take notice that I am about to excavate for a ffew building on my lot in city block 117, adjoining on the east property which you rent from Mrs. Morrison and Mrs.…
2Cases cited1 opinion
- City of Independence v. OttSupreme Court of Missouri · 1896
3Cited by9 opinions
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Wm. Tackaberry Co. v. Sioux City Service Co.Supreme Court of Iowa · 1911
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Thompson v. BuchholzMissouri Court of Appeals · 1904
- Wallower v. City of Webb CityMissouri Court of Appeals · 1913
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