Hoffman v. City of Maysville
Court of Appeals of Kentucky
Case 95. — ACTION BY JESSE L. HOFFMAN AGAINST THE CITY OF MAYSVILLE FOB DAMAGES FOB PERSONAL INJURIES. — Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. Judgment for Plaintiff. Defendant appeals.
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Case 95. — ACTION BY JESSE L. HOFFMAN AGAINST THE CITY OF MAYSVILLE FOB DAMAGES FOB PERSONAL INJURIES. — Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. Judgment for Plaintiff. Defendant appeals. The questions present themselves for consideration in this case: 1. Whether appellee is liable in damages to appellant, for carelessly and negligently failing to repair the drain, if appellant was precipitated through a crust of earth on the street or side walk. 2. Whether appellee is liable in damages to appellant, if he was precipitated through a crust of earth on private…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
The city of Maysville permitted the January & Wood Company to construct and maintain a wooden *710box sewer from its cotton mills across its own lot under the sidewalk of Short street into the gutter beyond. It was under the earth, and so.covered over as not to be visible to the eye, and the private corporation allowed it to become so stopped up that a pool of water was formed within it. The surplus water overflowed the obstacle, and ran on out into the street.The waste water was very hot, and the appellant in walking over the drain broke through and fell into the…
2Cases cited2 opinions
- Linck's Administrator v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1899
- City of Louisville v. MuldoonCourt of Appeals of Kentucky · 1893
3Cited by4 opinions
- Little v. ButnerSupreme Court of Kansas · 1960
- Knoor v. ReinekeIdaho Supreme Court · 1924
- Rogers v. McAlisterCourt of Appeals of Kentucky · 1913
- Scobee v. BrentCourt of Appeals of Kentucky · 1919