City of Louisville v. Frank's Guardian

Opinion of the Court by

Chief Justice Hobson

Reversing.

The Commissioners of Sewerage of Louisville in May, tL909, were constructing a sewer in Logan street, and had taken possession of the street for this purpose. While the work of digging the sewer was in progress, a drain was dug to prevent the water from going into the sewer trench. Theodore Frank, a little boy, was playing in the street and fell into the hole and- was injured. This suit was brought by him against the City of Louisville to recover for his injuries. The proof for him on the trial showed that the hole was not properly lighted…