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DeARMON v. CITY OF ST. LOUIS

Nos. 36073 and 36074.

525 S.W.2d 795 (1975)

John DeARMON, Plaintiff-Appellant, v. CITY OF ST. LOUIS, a Municipal Corp., Defendant-Respondent. John DeARMON, Plaintiff-Respondent, v. Richard SMITH d/b/a Richard Smith Contracting Company, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Three.

July 1, 1975.

Attorney(s) appearing for the Case

Sommers & Holloran, Inc., Michael D. Stokes, St. Louis, for plaintiff-appellant.

Marvin S. Wood, St. Louis, for defendant-appellant.

Jack L. Koehr, City Counselor, Judith Anne Ronzio, Asst. City Counselor, St. Louis, for defendant-respondent.

McMILLIAN, Judge.

This is a suit filed by plaintiff for real property damages caused by defendant Smith, a wrecking contractor (Smith), while the said defendant's employees were razing property adjacent to plaintiff's building. Plaintiff named as a co-defendant the City of St. Louis (City) on the theory that Smith at the time he damaged plaintiff's building was acting as an agent, servant, or employee of the City.

After the court sustained City's motion for...

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