Teager v. City of Flemingsburg
Court of Appeals of Kentucky
Case 107 — Action for Personae Injuries APPEAL FROM FLEMING CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The appellant was injured by falling over a step in the sidewalk of one of the streets in the city of Flemingsburg, by which he lost a thumb. The step had been there for many years and the appellant knew it was there, and was at the time of the accident trying to avoid it.
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Case 107 — Action for Personae Injuries APPEAL FROM FLEMING CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The appellant was injured by falling over a step in the sidewalk of one of the streets in the city of Flemingsburg, by which he lost a thumb. The step had been there for many years and the appellant knew it was there, and was at the time of the accident trying to avoid it. The accident happened in the night just before day as the appellant was on his way to the train. Upon the conclusion of the plaintiff's testimony, the court on motion of the city gave the jury peremptory…
1Opinion of the Court
Opiniox o? the court by
JUDGE O’REAR
Affirming.
Appellant was injured while traveling along the streets of the city of Flemingsburg, January, 1899. He fell, breaking a thumb, making its amputation necessary. The fall was caused, he alleges, by his stumbling on a step made in the pavement of the street he was walking. This step was four or five inches high. He sues the city, alleging that the step was not necessary, and was in itself dangerous to those passing over it. On the trial it developed as a-n undisputed fact that there was a slight grade in the street for some distance before the point…
2Cases cited6 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Town of Gosport v. EvansIndiana Supreme Court · 1887
- Dubois v. . City of KingstonNew York Court of Appeals · 1886
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- Blyhl v. Village of WatervilleSupreme Court of Minnesota · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Perrotti v. BennettSupreme Court of Connecticut · 1920
- City of Lebanon v. GravesCourt of Appeals of Kentucky · 1918
- Fischer v. City of St. LouisSupreme Court of Missouri · 1905
- Mayor City Coun., Cumberland v. TurneyCourt of Appeals of Maryland · 1939
- Lewis v. City of TulsaSupreme Court of Oklahoma · 1936
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