Legal Opinion

Pickerill v. City of Louisville

Court of Appeals of Kentucky

Decided March 22, 1907PublishedCited by 49 opinions

CASE 24. — ACTION BY S. C. PICKERILL AGAINST THE CITY OF LOUISVILLE AND OTHERS FOR DAMAGES FOR CAUSING THE OVERFLOW OF HIS PREMISES BY SURFACE WATER. Appeal from Jefferson Circuit Court; Common Pleas Branch (Second Division). Thomas R. (Jordon, Judged Judgment for defendants. Plaintiff appeals.

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CASE 24. — ACTION BY S. C. PICKERILL AGAINST THE CITY OF LOUISVILLE AND OTHERS FOR DAMAGES FOR CAUSING THE OVERFLOW OF HIS PREMISES BY SURFACE WATER. Appeal from Jefferson Circuit Court; Common Pleas Branch (Second Division). Thomas R. (Jordon, Judged Judgment for defendants. Plaintiff appeals. CLASSIFICATION OF QUESTIONS AND AUTHORITIES CITED. 1. The trespass complained of was the result of the joint actions of the defendants, hence they may all be sued in one action, and a joint or several verdict rendered. (Sec. 83 Civil Code; St. Joseph v. Walpert, 80 Ky., 86; Sec. 12 Ky. Statutes). 2.…

1Opinion of the Court

*219Opinion of the Court by

Judge Settle

Reversing.

The appellant, S. C. Pickerill, owns a house and lot on. the east side of Jones street, in the city of Louisville. He complains that from March 12, 1903, to July 20, 1904, the lot in question was subjected to overflows from surface water which backed upon it in large and unusual quantities and to a depth of several feet, on account of which his coalhouse, stable, and privy upon the premises could not be reached or used by himself Or family during much of the time during the year mentioned; that these inundations of the lot made his fence fall and…

2Cases cited12 opinions

  1. City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
  2. Kemper v. City of LouisvilleCourt of Appeals of Kentucky · 1878
  3. Central Consumers Co. v. PinkertCourt of Appeals of Kentucky · 1906
  4. City of Louisville v. ColeburneCourt of Appeals of Kentucky · 1900
  5. Knipper v. City of CovingtonCourt of Appeals of Kentucky · 1900

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3Cited by49 opinions

  1. City of Richmond v. GentryCourt of Appeals of Kentucky · 1910
  2. Adams & Sullivan v. SengelCourt of Appeals of Kentucky · 1917
  3. Klutey v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1968
  4. Snavely v. City of GoldendaleWashington Supreme Court · 1941
  5. Stephens' Administrator v. DeickmanCourt of Appeals of Kentucky · 1914

44 more not listed; retrieve them via the Exa API.

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