Melvin v. Cater
Decision Date | 07 November 1927 |
Citation | 299 S.W. 103,221 Mo.App. 1212 |
Parties | AUDREY R. MELVIN, RESPONDENT, v. HENRY CATER, DOING BUSINESS AS THE CATER CONSTRUCTION COMPANY, APPELLANT. [*] |
Court | Kansas Court of Appeals |
Appeal from the Circuit Court of Buchanan County.--Hon. L. A Vories, Judge.
Judgment reversed and remanded.
Mytton & Parkinson for respondent.
William E. Stringfellow for appellant.
Trimble, P. J., absent.
This is an action for personal injury. Plaintiff claims, and the jury found, that while stepping from an automobile in the city of St. Joseph, Missouri, plaintiff was injured. A contractor was engaged in erecting new standards for street lights. The city of St. Joseph had made a contract with the St. Joseph Railway, Light, Heat & Power Company to take down electric standards in the retail district and replace them. The St. Joseph Railway, Light, Heat & Power Company sublet this contract to Harry Cater. The plaintiff sued the city the St. Joseph Railway, Light, Heat & Power Company and Harry Cater, who was doing business under the name of Cater Construction Company.
In doing this work the contractor had wires laid in conduits. Bolts were set in the sidewalk to hold the new standards. One of the old standards was located on Felix street, about twenty-one feet east of the alley, and the bolts and conduits and pipe for the new standard had been in place for about ten days.
On the 15th day of July, 1926, plaintiff alighted from a Dodge sedan and attempted to go into a store on the north side of Felix street. As plaintiff was leaving the car a team and wagon came out of the alley from the north. The team was somewhat excited and turned toward the car. Plaintiff's attention was attracted by the team and as she stepped to the sidewalk, her foot becoming entangled in the bolts and wires, and she was thrown against the car. Plaintiff's foot and ankle was injured.
As before stated, the St. Joseph Railway, Light, Heat & Power Company was a defendant. This company filed a separate answer, a part of which was the contract between Harry Cater and the defendant, St. Joseph Railway, Light, Heat & Power Company. After reciting that Harry Cater was an independent contractor, operating under a written contract, which contract the answer recites, "was in writing, is attached hereto and marked Exhibit 'A' and made a part hereof as fully as if set out herein at length."
During the progress of the case the plaintiff offered, first the ordinance under which the St. Joseph, Light, Heat & Power Company undertook to do the work, and then the following occurred:
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