If any person or company shall place and leave any unauthorized obstruction, or make
unauthorized excavation in any street, road or alley in the city, or leave such obstruction
or excavation unguarded when authorized, such person or company shall be liable to
any person who may be personally injured or whose property may be injured or destroyed
without his fault by means of such obstruction or excavation; and in case any damage
shall be recovered in any action against the City for injuries caused by such obstruction
or excavation; the City shall have the right to recover the amount of such damages
in turn from the personnel or company placing such obstruction or making such excavation;
provided that upon the commencement of such action against the City, notice thereof
shall be immediately given in writing to such person or company so liable, with a
statement that the City will look to such person or company to pay the amount of any
judgment against the City which may be recovered in such action; and an opportunity
given to such person or company to defend such action; and such person or company
may upon his or its own application, or upon the application of the City, be made
a party defendant to such action, in which case, if judgment be recovered against
the defendant, execution thereon shall be first issued against such person or company
only, and the City shall not be required to pay such judgment until such execution
shall be returned unsatisfied.
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