§ 133. Obstructions in Street or Alley.  


Latest version.
  • 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.