City of Georgetown v. Commonwealth
Court of Appeals of Kentucky
Case 45&emdash;Indictment against the City oe Georgetown eor Permitting a 'Nuisance Within the City Limits. APPEAL EROM SCOTT CIRCUIT COURT. Dependant Convicted and Appeals.
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Case 45&emdash;Indictment against the City oe Georgetown eor Permitting a 'Nuisance Within the City Limits. APPEAL EROM SCOTT CIRCUIT COURT. Dependant Convicted and Appeals. The city of Georgetown was indicted, tried and convicted of permitting a nuisance in said city by “suffering offal, filth, and the ordinary sewerage of the community to flow into an open gutter and drain, between, the gas plant and Spring branch in said city, and therein to remain rotting and festering, emitting noxious and poisonous gases and offensive io-dors,,” to- the common nuisance of all the people- therein, etc.…
1Opinion of the Court
Opinion of phe court by
JUDGE NUNN
'Reversing.
At the May term, 1902, of the Scott circuit court, an indictment was returned against appellant, a city of the fourth class, in the usual and proper form, charging, In substance, that it did unlawfully suffer and permit in an open gutter, drain and sewer between the gas plant and “Big Spring Branch,” two points within the limits of the city, all sorts of filth, excrement, vegetable and animal matter, refuse and waste from the gas plant, and the ordinary sewerage of the community in, through' and along the open gutter, drain and sewer to flow…
2Cases cited9 opinions
- Richardson v. City of BostonSupreme Court of the United States · 1861
- Dudley v. City of FlemingsburgCourt of Appeals of Kentucky · 1903
- Seifried v. HaysCourt of Appeals of Kentucky · 1883
- Pollock's administrator v. LouisvilleCourt of Appeals of Kentucky · 1877
- McGraw v. Town of MarionCourt of Appeals of Kentucky · 1896
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3Cited by7 opinions
- Dyer v. City of NewportCourt of Appeals of Kentucky · 1906
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
- City of Maysville v. BrooksCourt of Appeals of Kentucky · 1911
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
- Wilson v. City of OttumwaSupreme Court of Iowa · 1917
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