City of Hazard v. Howard's Administratrix

Opinion op the Court by

Hobson, Commissioner—

Reversing.

In march, 1927, P. D. Howard fell into a hole in the sidewalk on the east side of the courthouse in Hazard. The hole had been dug by the county. He died eleven days later, and this action was brought by his administratrix against the city of Hazard and Perry county to recover for Ms death. The defendants each demurred to the petition. The demurrer of the city of Hazard was overruled, but no ruling of the court was made on the demurrer of Perry county. The city of Hazard filed answer, and the case came on for the trial. The jury returned a…