M. Livingston & Co. v. Philley

Opinion of the Court by

Chief Justice Hobson—

Affirming.

South Fourth street in Paducah runs for several blocks across a deep slough; the street has been built upon a fill which is about twenty-five feet high, the fill at the top being about nineteen feet wide. On each side of the fill, the city set a line of posts eight feet apart, and nailed a plank to the posts to serve as a guard rail. On October 17, 1912, Mrs. Maggie Philley was driving into the city with her husband and when they were about the middle of the fill, a large motor truck belonging to M. Livingston & Company approached them.…