City of Dayton v. Hirth
Court of Appeals of Kentucky
Case 4 — ACTION BY CARRIE BERTH AGAINST THE CITY OF DAYTON FOR PERSONAL INJURIES BY FALLING INTO A HOLE IN THE SIDEWALK OF THE CITY. Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for plaintiff. Defendant appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. Verification. (Park v. McReynolds, 23 Ky. Law Rep., 896; Tyler v. Bernard, 57 S. W., 179; Cherry v. Foley, 16 N. Y. Supp., 853; Tibbitts v. Selfridge, 12 How. Prac., 64; Phiffer v. Travelers Ins.
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Case 4 — ACTION BY CARRIE BERTH AGAINST THE CITY OF DAYTON FOR PERSONAL INJURIES BY FALLING INTO A HOLE IN THE SIDEWALK OF THE CITY. Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for plaintiff. Defendant appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. Verification. (Park v. McReynolds, 23 Ky. Law Rep., 896; Tyler v. Bernard, 57 S. W., 179; Cherry v. Foley, 16 N. Y. Supp., 853; Tibbitts v. Selfridge, 12 How. Prac., 64; Phiffer v. Travelers Ins. Co., 123 N. C., 410.) 2. Limitations. (Bell v. Morrison, 1 Peters R., 356-360.) 3 Laches. (Clark v. Kellar, 3 Bush, 223.)…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
Or August 23, 1900, the appellee was severely injured by falling into a hole, about six feet deep, in the sidewalk, on one of the streets of appellant city. She instituted, her action for damages on April 17, 1901; the summons was issued on her petition on that day, and served two days thereafter. No steps were taken in the case until the 23d day of January, 1904, and on that day the court made an order filing the case away. Within less than a month, and on the 20th of February, 1904, it made an order redoeketing the case, to which order the appellant objected…
2Cases cited3 opinions
- Park v. McReynoldsCourt of Appeals of Kentucky · 1901
- Wheeler v. WalesCourt of Appeals of Kentucky · 1867
- Bright v. Wilson's AdministratorCourt of Appeals of Kentucky · 1846
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- Schneider v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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