City of Louisville v. Lenehan

Opinion op the Court by

Judge Miller

Reversing.

While riding horse-back westwardly on Portland avenne, in Lonisville, abont 6 o’clock p. m., on April 18, 1908, the appellee Lenehan was thrown from his horse and injured. The accident occurred near the northwest corner of Portland avenne and lower 17th street. Port*539land avenue was paved with granite. The city of Louisville was repairing the street west of 17th street, and had made an excavation under the street for the purpose of inserting a drain or sewer pipe thereunder. Ordinarily, work of this character would cause no danger or break in the…