City of Louisville v. Norris
Court of Appeals of Kentucky
■Case 101 — Action to Recover Damages for Injury to Property— APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals.
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■Case 101 — Action to Recover Damages for Injury to Property— APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. This action was brought by appellee October 27, 1897, to recover damages alleged to have occurred July 10, 1897, to appellee’s tw.o-story frame dwelling house, on a lot fronting 25 feet on Breckinridge street, at the northwest corner of Rubel and Breckinridge streets, extending back 200 feet in depth, by reason of being flooded by surface water from the rainfall on the date mentioned, alleging in his petition that appellant…
1Opinion of the Court
Opinion of the cotjet by
JUDGE O’REAR
Affirming.
This is an action to recover of the 'city for the negligent construction -of certain sewers, by reason- of which appellee’s property was flooded and damaged. The questions are: (1) Is the building of sewers by a city a legislative act, for which it will not be liable, even if it be an imprudent one? (2) Does the five-year statute of limitation of this State apply from the date of the construction -or from the date the injury is received?
1. Generally, a city will not be liable for error of judgment in its legislative body in doing a legislative…
2Cases cited4 opinions
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- McClure v. City of Red WingSupreme Court of Minnesota · 1881
- Teager v. City of FlemingsburgCourt of Appeals of Kentucky · 1901
3Cited by12 opinions
- City of Lebanon v. GravesCourt of Appeals of Kentucky · 1918
- Hart v. City of NeillsvilleWisconsin Supreme Court · 1905
- Mason v. City of Mt. SterlingKentucky Supreme Court · 2003
- Board of Trustees of Town of Auburn v. ChyleCourt of Appeals of Kentucky (pre-1976) · 1934
- City of Ashland v. KittleCourt of Appeals of Kentucky (pre-1976) · 1957
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