City of Covington v. Geyler
Court of Appeals of Kentucky
Case 44 — PETITION OBDINABY APPEAL PROM KENTON CIRCUIT COURT. 1. As to the city of Covington, Eisele was a mere servant. The city reserved the entire control over the manner of doing and shaping every part of the work. In such cases the relation of independent contractor does not arise.
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Case 44 — PETITION OBDINABY APPEAL PROM KENTON CIRCUIT COURT. 1. As to the city of Covington, Eisele was a mere servant. The city reserved the entire control over the manner of doing and shaping every part of the work. In such cases the relation of independent contractor does not arise. (City of Cincinnati v. Stone, &e., 5 Ohio St., 38-42.)- 2. The owner of land adjacent to the lands of another has no right to remove the earth and thus withdraw the natural support of his neighbor’s soil; and if he does he is liable for damages, and may be restrained by injunction. This doctrine is, however,…
1Opinion of the Court
JUDGB LEWIS
delivered the opinion op the court.
Appellees, Frederick and Elizabeth Geyler, husband and wife, being joint owners of a lot of land on Main street, Covington, erected thereon a brick dwelling house, the north wall of which was three inches from their line, and under which was a cellar seven feet in depth, though dug only five feet below surface of the ground.
Subsequently, appellant, the City of Covington, being owner of an adjacent lot, made a contract with appellant Eisele for construction of an engine house thereon, under which was to be a cellar seven feet below surface of the…
2Cases cited2 opinions
- Robinson v. WebbCourt of Appeals of Kentucky · 1875
- Oneil v. HarkinsCourt of Appeals of Kentucky · 1871
3Cited by14 opinions
- Beasley v. MacDonald Engineering Co.Supreme Court of Alabama · 1971
- Standifer v. PateSupreme Court of Alabama · 1973
- Parker v. HodgsonSupreme Court of Alabama · 1911
- Adams v. Commonwealth Ex Rel. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1940
- Jefferson County v. BischoffCourt of Appeals of Kentucky (pre-1976) · 1931
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