Legal Opinion

Kentucky Institution for Blind v. City of Louisville

Court of Appeals of Kentucky

Decided November 21, 1906PublishedCited by 45 opinions

Case 105. — PROSECUTION AGAINST THE KENTUCKY INSTITUTION, FOR THE EDUCATION OF THE BLIND FOR FAILING TO PUT UP FIRE ESCAPES AS REQUIRED BY AN ORDINANCE OF THE CITY OF LOUISVILLE. — Appeal from Jefferson Circuit Court' (Common Pleas Branch, 3d Division.) Upton W. Muir, Judge. Prom the judgment sustaining a demurrer to the petition of the Institution praying for an injunction restraining the prosecutions, the institution appeals.

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Case 105. — PROSECUTION AGAINST THE KENTUCKY INSTITUTION, FOR THE EDUCATION OF THE BLIND FOR FAILING TO PUT UP FIRE ESCAPES AS REQUIRED BY AN ORDINANCE OF THE CITY OF LOUISVILLE. — Appeal from Jefferson Circuit Court' (Common Pleas Branch, 3d Division.) Upton W. Muir, Judge. Prom the judgment sustaining a demurrer to the petition of the Institution praying for an injunction restraining the prosecutions, the institution appeals. POINTS AND AUTHORITIES. 5th Biennial Comx>ilation of Ordinances of City of Louisville, page '304. (A)This. Court takes judicial notice of the ordinances of the City of…

1Opinion of the Court

Opinion by

Judge O’Rear

Reversing.

' Is an ordinance of the city requiring all buildings of a certain class to have fire escapes, applicable to the propertv of annellant, which is an institution of the State; and if so, is it a valid ordinance? That is the question for decision presented on this appeal. The ordinance is entitled: “An ordinance concerning the erection and maintenance of fire escapes on public and private buildings in the city of Louisville.” Its second section reads: “All buildings occupied by any person or persons, *771or m 'which any person or persons shall be employed or assembled…

2Cases cited2 opinions

  1. City of Louisville v. LeathermanCourt of Appeals of Kentucky · 1896
  2. Louisville Public Library Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1904

3Cited by45 opinions

  1. Hall v. City of TaftCalifornia Supreme Court · 1956
  2. Board of Regents of the Universities & State College v. City of TempeArizona Supreme Court · 1960
  3. Kansas City v. School Dist. of Kansas CitySupreme Court of Missouri · 1947
  4. Port Arthur Independent School District v. City of GrovesTexas Supreme Court · 1964
  5. County of Cook v. City of ChicagoIllinois Supreme Court · 1924

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