City of Harlan v. Peaveley

Opinion of the Court by

Drury, Commissioner

Reversing.

The city of Harlan seeks by this appeal to reverse a $25,000 judgment recovered against it by the administrator of Lela Peaveley. One cannot read the facts from which this litigation resulted without being moved to compassion. The deceased child, Lela Peaveley, lacked about a month of being four years old when she died as a result of burns received by her while playing about a fire which had been set to a pile of garbage.

Prom the record, it appears that the terrain upon which the city of Harlan is situated is hilly and mountainous, and, as a…