City of Frankfort v. Ballew

Opinion op the Court by

Sims, Commissioner

— Reversing.

The appellees, plaintiffs below, allege they are the owners of a bouse and lot located on East Main Street in Frankfort, which is occupied by James Rallew as a home; that D. D. Smith, the Mayor of Frankfort, owned a vacant lot adjoining their property and that since the —■ day of April, 1938, the City and Smith have wrongfully dumped garbage and other refuse matter on this lot, thus creating foul odors and a harbor for rats and other vermin, thereby damaging plaintiff’s property in the sum of $5,000. The action was brought in equity and _…