LAWLEY v. KANSAS CITY

No. KCD 26628.

516 S.W.2d 829 (1974)

Joseph E. LAWLEY, Respondent, v. KANSAS CITY, Missouri, Appellant.

Missouri Court of Appeals, Kansas City District.

December 2, 1974.


Attorney(s) appearing for the Case

Aaron A. Wilson, City Counselor, Joseph R. Hachey, Thomas C. Clark, Asst. City Counselors, Kansas City, for appellant.

Thomas A. Sweeny, Edward F. Aylward, Kansas City (Popham, Popham, Conway, Sweeny & Fremont, Kansas City, of counsel), for respondent.

Before PRITCHARD, P.J., and SWOFFORD and SOMERVILLE, JJ.


PRITCHARD, Presiding Judge.

Plaintiff recovered judgment against appellant City in the amount of $15,000.00 for an injury to his foot when a 500 pound gate valve of a water main fell upon it. Plaintiff was a foreman of a two-man labor crew, and was working in a hole or pit when the gate valve fell as it was being lowered into the pit in a cable "sling" by a crane truck crew of the City.

The City makes four points, and ten subpoints. The most hotly contested...

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