Ernst v. City of West Covington
Court of Appeals of Kentucky
Case 88 — Action by Rosamond Ernst against the City of West Covington fob Personal Injuries. APPEAL FROM KENTON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 88 — Action by Rosamond Ernst against the City of West Covington fob Personal Injuries. APPEAL FROM KENTON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. We submit that this case does mot belong to the class of ease* in which cities or school trustees that maintain and conduct schools out of funds derived for that especial purpose, are held to he exempt from liability, but that the city is liable because it owned property which it negligently permitted to be and remain in a dangerous condition, and permitted children to assemble on said property with the knowledge on. the…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Apphsmino.
'West Covington is a city of the fifth class, with the power to acquire and hold real estate. It owned a two-story building situated witbin its corporate limits. The plaintiff’s cause of action may be best stated by quoting from the petition as follows: “That said defendant permits said building to be used as a public school, which is attended by many children, residents of said city; said building is situated on said described ground fronting on Main street, and is about five or sis feet back from the eastern boundary of said lot; that said…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Ford v. Kendall Bor. Sch. DistrictSupreme Court of Pennsylvania · 1888
- Howard v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Lane v. District TownshipSupreme Court of Iowa · 1882
- Wallace v. BergerSupreme Court of Iowa · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Daniels v. Board of EducationMichigan Supreme Court · 1916
- Howard v. Tacoma School District No. 10Washington Supreme Court · 1915
- Wallace v. Laurel County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1941
- Krutili v. Board of EducationWest Virginia Supreme Court · 1925
- City of Louisville v. BridwellCourt of Appeals of Kentucky · 1912
13 more not listed; retrieve them via the Exa API.