City of Wickliffe v. Moring
Court of Appeals of Kentucky
Case 74 — Action to Recover Damages for Personal Injuries— APPEAL FROM BALLARD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The appellee claims that she was walking along on the sidewalk on Front street, when one of the planks of the walk tilted and threw her to the ground and injured her permanently. The sidewalks of cities of the fifth class are under the supervision of the maypr and co-uncilmen of the city.
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Case 74 — Action to Recover Damages for Personal Injuries— APPEAL FROM BALLARD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The appellee claims that she was walking along on the sidewalk on Front street, when one of the planks of the walk tilted and threw her to the ground and injured her permanently. The sidewalks of cities of the fifth class are under the supervision of the maypr and co-uncilmen of the city. We submit that there is an absolute failure in the proof introduced by appellee, to show any negligence on the part of said, officers in the construction of the sidewalk…
1Opinion of the Court
Opinion of the court by
JXJDG-E BURNAM
Affirming}.
The appellee, Motelle Moring, a girl of 12 years of age, brought this suit by next friend to recover damages for injuries alleged to have resulted from a fall caused by a loose plank in the sidewalk on Front street, in the city of Wiekliffe. She testified that whilst coming from school with one of her companions she met a colored woman, who stepped upon one end of a loose plank in the sidewalk as she stepped upon the other end; that the plank flew up, caught her leg, and threw her down. She also testified ■ that there were three or four loose…
2Cited by2 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. TerryCourt of Appeals of Kentucky (pre-1976) · 1937
- City of Newport v. LewisCourt of Appeals of Kentucky · 1913