Greenwood v. Louisville
Court of Appeals of Kentucky
Case 34 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. For all natural and proximate consequences of negligence of the fire department the city is liable.
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Case 34 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. For all natural and proximate consequences of negligence of the fire department the city is liable. (Patch v. Covington, 17 B. Mon. 722.) 2. It is for the city to show that it is not within the maxim “ respondeat superior.” 3.1 Until the state assumes the burden of extinguishing fires, that duty, when devolved on a city, must he regarded not as a governmental function securing immunity, but as a duty imposed in consideration of the privileges conferred by the charter. 4. The liability of the city in cases like this is…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellant .Laura A. Greenwood instituted this action against the City of Louisville, alleging in her petition the ...existence of an organization known as the Fire Department, *227under the exclusive control of the city, created for the purpose of extinguishing fires; that the agents and employees of the defendant, when on their way to extinguish a fire, with a steam fire engine drawn by horses and mdving at a rapid and dangerous speed, carelessly and negligently permitted the tongue of the engine to become detached therefrom, and by reason…
2Cases cited1 opinion
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
3Cited by22 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
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- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- City of Louisville v. BridwellCourt of Appeals of Kentucky · 1912
- Davis v. City of LebanonCourt of Appeals of Kentucky · 1900
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