City of Catlettsburg v. May

Opinion of the Court by

Chief Justice Barker—

Affirming.

This action was instituted in the Boyd circuit court to recover of the defendant, the city of Catlettsburg, *368damages for the wrongful flooding of appellees’ lot by the city authorities. All of the material allegations of the petition were traversed by answer, and the case came on for trial before a jury at the January term, 1908, with the result that they were unable to agree upon a verdict and were discharged by the court from further consideration of the case.. Afterwards, during the January term, 1909, the case again came on for trial,…