If any judgment shall be recovered in any action against the city for any injury or damage caused by an obstruction, excavation, opening or defect in any sidewalk caused or occasioned by the act or omission of any person, the city shall have the right to recover the amount of any such judgment from the person so responsible for such obstruction, opening, excavation or defect, and such person is hereby declared to be liable to the city in the same amount of such damages. (Ch. 141, 10-18-1939)