Twyman's Admr. v. Board of Council
Court of Appeals of Kentucky
Case 59 — Action by James Twyman’s Admr. against Board oe Council oe Frankfort fob the Death of Plaintiff’s Intestate. APPEAL FROM FRANKLIN CIRCUIT COURT. From Judgment Sustaining Demurrer to Plaintiff’s Petition He Appeals. POINTS AND AUTHORITIES. 1. A municipal corporation is lialble flor the .acts of its mayor and police in negligently enforcing a health ordinance, where there was a special direction to do the act, and no board of health had been appointed under the law.
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Case 59 — Action by James Twyman’s Admr. against Board oe Council oe Frankfort fob the Death of Plaintiff’s Intestate. APPEAL FROM FRANKLIN CIRCUIT COURT. From Judgment Sustaining Demurrer to Plaintiff’s Petition He Appeals. POINTS AND AUTHORITIES. 1. A municipal corporation is lialble flor the .acts of its mayor and police in negligently enforcing a health ordinance, where there was a special direction to do the act, and no board of health had been appointed under the law. The doctrine of respondeat superior applies. McGraw v. Town of Marion, 98 Ky., 673; City of Paducah v. Allen, 23 Law…
1Opinion of the Court
Opinion op the court by
JUDGE SETTLE
Affirming.. The appellant, Wesley Twyman, as administrator of the estate of James Twyman, deceased, sued the appellee, City of Frankfort, in the Franklin circuit court, for $20,000 damages for the death of his intestate, alleged to have been caused by the negligence of its police officers in wrongfully exposing the intestate to inclement weather while he had smallpox, by removing him from a comfortable home to the pesthouse used for smallpox patients, which was badly crowded, poorly ventilated, and wholly unfit for the purpose for which it was used. It was…
2Cases cited7 opinions
- Sherbourne v. Yuba Cty.California Supreme Court · 1862
- City of Paducah v. AllenCourt of Appeals of Kentucky · 1901
- Clayton v. City of HendersonCourt of Appeals of Kentucky · 1898
- Pollock's administrator v. LouisvilleCourt of Appeals of Kentucky · 1877
- McGraw v. Town of MarionCourt of Appeals of Kentucky · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- City of Dallas v. SmithTexas Supreme Court · 1937
- Hagerman v. City of SeattleWashington Supreme Court · 1937
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Wood v. Boone CountySupreme Court of Iowa · 1911
- Thiede v. Town of Scandia ValleySupreme Court of Minnesota · 1944
27 more not listed; retrieve them via the Exa API.