City of Ashland v. Kittle

This action was instituted in the Boyd Circuit Court by Cora Kittle to recover damages from the city of Ashland for injury to real estate caused by the overflow of surface water from an allegedly negligently constructed culvert. A jury awarded damages in the sum of $2,000. Appellant now moves for an appeal from the judgment entered on that verdict.

It is urged as grounds for reversal that (1) the damage was occasioned by extraordinary rainfall which could not have been reasonably anticipated and (2) the culvert is a permanent structure — not to be corrected at a reasonable expense — and the…