Hertle v. Riddell
Court of Appeals of Kentucky
CASE 63. — ACTION BY HENRY HERTLE AGAINST ALICE RIDDELL, CAVE HILL CEMETERY AND OTHERS TO SECURE A MANDATORY INJUNCTION REQUIRING THEM TO REMOVE PROM THE CBMERTY LOT THE BODY OP A DOG BURIED THERE. Appeal from Jefferson Circuit Court; Chancery Branch; First Division. Shackelpord Miller, Judge.
Read the full summary
CASE 63. — ACTION BY HENRY HERTLE AGAINST ALICE RIDDELL, CAVE HILL CEMETERY AND OTHERS TO SECURE A MANDATORY INJUNCTION REQUIRING THEM TO REMOVE PROM THE CBMERTY LOT THE BODY OP A DOG BURIED THERE. Appeal from Jefferson Circuit Court; Chancery Branch; First Division. Shackelpord Miller, Judge. From a judgment dismissing the petition, plaintiff appeals SUMMARY. 1. The court will not by injunction require a party to commit a nuisance. 2. The digging up the body of a dog which has been buried two years would be the commission of -a nuisance. 3. The burial of a dog on appellee’s lot is not a…
1Opinion of the Court
*625Opinion op the Court by
Judge Barker
Reversing.
The appellant, Henry Hertle, instituted this action in the chancery branch of the Jefferson circuit court for the purpose of securing a mandatory injunction against Cave Hill Cemetery Company, Alice Riddell, W. G-. Hansbrough, and Ada Hansbrough, requiring them to remove from the cemetery lot belonging to Hansbrough the body of a dog which was buried therein, as he alleged, in violation of the laws, rules, and regulations governing the cemetery company, and his rights as a lot owner therein. His petition sets forth that Cave Hill Cemetery Company…
2Cases cited13 opinions
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Wright v. Hollywood Cemetery CorporationSupreme Court of Georgia · 1901
- Dwenger v. GearyIndiana Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brunton v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1936
- German Evangelical St. Marcus Congregation v. ArchambaultSupreme Court of Missouri · 1966
- Louisville Cemetery Association v. DownsCourt of Appeals of Kentucky (pre-1976) · 1931
- North East Coal Co. v. PickelsimerCourt of Appeals of Kentucky (pre-1976) · 1934
- Hollywood Cemetery Assn. v. PowellCalifornia Supreme Court · 1930
12 more not listed; retrieve them via the Exa API.