Jolly's Adm'x v. City of Hawesville
Court of Appeals of Kentucky
Case 44 — PETITION ORDINARY APPEAL PROM HANCOCK CIRCUIT COURT. 1. As the city marshal is a corporate officer, and it was his duty to have prevented such occurrences as that which resulted in the death of appellant’s intestate, and it was for the special benefit of the corporation that he should have done so, the defendant is liable. (Dillon on Mun.
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Case 44 — PETITION ORDINARY APPEAL PROM HANCOCK CIRCUIT COURT. 1. As the city marshal is a corporate officer, and it was his duty to have prevented such occurrences as that which resulted in the death of appellant’s intestate, and it was for the special benefit of the corporation that he should have done so, the defendant is liable. (Dillon on Mun. Corp., sec. 974.) 2. The defendant has control of its sidewalks and streets, and it is its duty to keep them as free from peril as possible, and if it is in defendant’s power to do so, and it fails, it must respond in damages. Therefore, as the…
1Opinion of the CourtChief Justice Lewis
The'cause of action stated in the petition of appellant, administratrix of James A. Jolly, is that the marshal of defendant, the city of Hawesville, negligently permitted numerous persons to congregate on the streets thereof with guns and pistols, and to engage in sham battles, pursuing and shooting at each other in such close proximity as to endanger lives of those who were not, as well as those so engaged; which was continued from early in the morning until late in the evening of December 25, 1886, without any effort-on part of the marshal, though aware of, to stop it;- and that the…
2Cases cited1 opinion
- Pollock's administrator v. LouisvilleCourt of Appeals of Kentucky · 1877
3Cited by10 opinions
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- City of Louisville v. BridwellCourt of Appeals of Kentucky · 1912
- Schwalk's Adm'r v. City of LouisvilleCourt of Appeals of Kentucky · 1909
- Dudley v. City of FlemingsburgCourt of Appeals of Kentucky · 1903
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