Schwalk's Adm'r v. City of Louisville
Court of Appeals of Kentucky
CASE 70. — ACTION BY S. J. SCHWALK’S ADMINISTRATOR AGAINST THE CITY OP LOUISVILLE. Appeal from Jefferson Circuit Court (Common Pleas Branch, Second Division). Thos R. Cordon, Judge. Judgment for defendant, plaintiff appeals.
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CASE 70. — ACTION BY S. J. SCHWALK’S ADMINISTRATOR AGAINST THE CITY OP LOUISVILLE. Appeal from Jefferson Circuit Court (Common Pleas Branch, Second Division). Thos R. Cordon, Judge. Judgment for defendant, plaintiff appeals. No brief in the record, POINTS AND AUTHORITIES. 1. In the maintenance and care of its public building or City Hall, the appellee, City, is an arm ,of the State, and performs certain State duties, and can not be held liable for the negligence of an operator of the elevator in its City Hall. The same rule applies here as to a Court House, or to the Police and Fire…
1Opinion of the Court
Opinion op the Court by
Judge Settle
Affirming.
On August 30, 1906, Simon J. Schwalk lost his life while going to some part of the city hall in Louisville upon an elevator used in the building. The city .hall is owned by the appellee, city of Louisville, and practically the whole of the city’s business is conducted within its' walls.
*573The appellant, Columbia Finance & Trust Company, was appointed and duly qualified as administrator of Schwalk’s estate, and on March 27, 1907, instituted this action in the court below to reeoyer of the appellee city damages for his death; it being, in substance,…
2Cases cited17 opinions
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Snider v. City of St. PaulSupreme Court of Minnesota · 1892
- Williamson v. Louisville Industrial School of ReformCourt of Appeals of Kentucky · 1894
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- Bennett v. MorrisSupreme Court of Pennsylvania · 1835
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