Harney v. City of Lexington
Court of Appeals of Kentucky
CASE 33. — ACTION BY L. D. HARNEY V. CITY OF LEXINGTON FOE DAMAGES FOR FLOODING HIS PREMISES WITH WATER, — Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. From a judgment of dismissal plaintiff appeals— R. S. CRAWFORD for appellant. J. EMBRY ALLEN for appellee.
1Opinion of the Court
Opinion of the Court by
Judge Hobson —
Affirming.
L. D. Harney brought this action against the city of Lexington to recover damages in the. sum of $2,000 *252for the flooding of his property with water. The circuit court sustained a demurrer to the petition. He declined to plead further, and, the action having been dismissed, he appeals.
The material allegations of the petition are as follows: “Plaintiff.says that he is the owner of three lots located on Carlisle avenue, in said city, and that on each side of said lots are erected frame cottages. Pie says that he resides in one of said cottages and…
2Cases cited1 opinion
- Commonwealth v. TudorCourt of Appeals of Kentucky · 1901
3Cited by10 opinions
- City of Maysville v. BrooksCourt of Appeals of Kentucky · 1911
- Board of Trustees of Town of Auburn v. ChyleCourt of Appeals of Kentucky (pre-1976) · 1934
- City of Oakdale v. Sanders'Court of Appeals of Kentucky · 1913
- Gee's Admr. v. City of HopkinsvilleCourt of Appeals of Kentucky · 1913
- City of Louisville v. LeezerCourt of Appeals of Kentucky · 1911
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