City of Lexington v. Batson's Admr.
Court of Appeals of Kentucky
■Case 62 — Action by Otto Batson’s Adm’b against the City of Lexington foe Causing the Death of Plaintiff’s Intestate.— APPEAL FROM FAYETTE CIRCUIT COURT-WATTS' PARKER, CIRCUIT JUDGE. JUDGMENT FOR PLAINTIFF AND DEFENDANT APPEALS.
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■Case 62 — Action by Otto Batson’s Adm’b against the City of Lexington foe Causing the Death of Plaintiff’s Intestate.— APPEAL FROM FAYETTE CIRCUIT COURT-WATTS' PARKER, CIRCUIT JUDGE. JUDGMENT FOR PLAINTIFF AND DEFENDANT APPEALS. Though presented here in a different form this case presents the single question of whether or not a municipal corporation which is authorized to establish an eruptive 'hospital, and make all necessary regulations for the protection of the public health, is liable for the negligence of its officers and agents in conveying the person afflicted with smallpox to the…
1Opinion of the Court
Opinion op the coubt by
JUDGE O’REAR
Reversing.
Appellant, a city of the second class, is given .the power to establish, and enforce quarantine laws and regulations to prevent the introduction and spread of contagious diseases within the city, and to establish and maintain eruptive hospitals in the city. Section 3058, Ky. St., 1903. It is likewise made the duty of the city council to appoint a board of health, which has the same powers within the city that the county board of health has in the county un der the statute. Section 2059, Ky. St., 1903. Appellant had established such hospital and…
2Cases cited1 opinion
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
3Cited by18 opinions
- Wood v. Boone CountySupreme Court of Iowa · 1911
- Dyer v. City of NewportCourt of Appeals of Kentucky · 1906
- Ewing v. CommonwealthCourt of Appeals of Kentucky · 1908
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1909
- Wheeler v. CommonwealthCourt of Appeals of Kentucky · 1905
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