City of Louisville v. Snow's Administrator
Court of Appeals of Kentucky
Case 87 — ACTION FOR DAMAGES CAUSING DEATH APPEAL FROM COMMON PLEAS DIVISION, JEFFERSON CIRCUIT COURT. I. The court should have instructed the jury peremptorily to find for the defendant. The pleadings did not show that the accident occurred within the city of Louisville, and this defect in the petition was not cured by .the answer. 2. Upon the merits the evidence did not show a dedication to the city at the place where the accident occurred, and- its acceptance by the city.
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Case 87 — ACTION FOR DAMAGES CAUSING DEATH APPEAL FROM COMMON PLEAS DIVISION, JEFFERSON CIRCUIT COURT. I. The court should have instructed the jury peremptorily to find for the defendant. The pleadings did not show that the accident occurred within the city of Louisville, and this defect in the petition was not cured by .the answer. 2. Upon the merits the evidence did not show a dedication to the city at the place where the accident occurred, and- its acceptance by the city. Citations: Jones on Neg. af Munic. Corps., secs. 73, 74; Taylor v. Woburn, 130 Mass., 494; Wilson v. Wheeling, 19 W.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oar the court.
This is an appeal from a judgment for damages obtained by appellee against the city of Louisville for the death of his son, a boy nine years old, alleged to have been caused by the fall of an embankment on the eastern edge of Twenty-eighth street, in the city of Louisville, which embankment resulted from a cut made in grading the street.
It is insisted that the court erred in not directing the jury to find a verdict for appellant at the conclusion of appellee’s testimony. The first ground on which this contention is based is that it is nowhere…
2Cases cited3 opinions
- Drake's Adm'r v. SemoninCourt of Appeals of Kentucky · 1884
- Bentley v. BustardCourt of Appeals of Kentucky · 1855
- Davis v. City of LouisvilleCourt of Appeals of Kentucky · 1883
3Cited by9 opinions
- Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
- City of Maysville v. BrooksCourt of Appeals of Kentucky · 1911
- Covington Saw Mill & Mfg. Co. v. DrexiliusCourt of Appeals of Kentucky · 1905
- Brooks v. City of MaysvilleCourt of Appeals of Kentucky · 1913
- Dulaney v. FiggCourt of Appeals of Kentucky · 1906
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