Legal Opinion

City of Dayton v. Hirth

Court of Appeals of Kentucky

Decided June 17, 1905PublishedCited by 12 opinions

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

  1. Park v. McReynoldsCourt of Appeals of Kentucky · 1901
  2. Wheeler v. WalesCourt of Appeals of Kentucky · 1867
  3. Bright v. Wilson's AdministratorCourt of Appeals of Kentucky · 1846

3Cited by12 opinions

  1. Taylor v. Kentucky Unemployment Insurance CommissionKentucky Supreme Court · 2012
  2. New York Life Insurance v. LongCourt of Appeals of Kentucky · 1917
  3. Pickhart v. United States Post OfficeCourt of Appeals of Kentucky · 1983
  4. National Concrete Construction Co. v. DuvallCourt of Appeals of Kentucky · 1913
  5. Schneider v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929

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