City of Henderson v. Winstead
Court of Appeals of Kentucky
Case 48 — Action fop. Injury to Property APPEAL PROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORS TIES CITED. MOTION TO STRIKE. 1. A municipal corporation having cut down and graded a street is responsible in damages to any one injured thereby, but it is not responsible in damages for its failure to rock or gravel ths street so cut down. and graded.
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Case 48 — Action fop. Injury to Property APPEAL PROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORS TIES CITED. MOTION TO STRIKE. 1. A municipal corporation having cut down and graded a street is responsible in damages to any one injured thereby, but it is not responsible in damages for its failure to rock or gravel ths street so cut down. and graded. EVIDENCE. 2. Evidence to the effect that coal wagons and other heavy loads were difficult to be driven over the street or would mire is incompetent for the reason, first,…
1Opinion of the Court
*330Opinion op the Court by
JUDGE HOBSON
Reversing.
Appellee, A. L. Winstead, is the owner of two vacant lots on First street in the city of Henderson, near the city limits. The city changed the grade of the streét in front of his lots, cutting it down so that at the lowest point it was 4% feet below the level of the ground, and at the highest point was on about the same level. He then filed this suit to recover of the city damages for the. injury to his property from the change of the grade of the street, alleging that thereby it had been damaged in the sum of $500. Issue was made as to the…
2Cited by7 opinions
- Hay v. City of LexingtonCourt of Appeals of Kentucky · 1903
- Hutcherson v. Louisville & N. R.Court of Appeals of Kentucky (pre-1976) · 1933
- Board of Councilmen v. BrammellCourt of Appeals of Kentucky (pre-1976) · 1927
- City of Lexington v. ChenaultCourt of Appeals of Kentucky · 1913
- O'Gara v. City of DaytonCourt of Appeals of Kentucky · 1917
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