Schauf's Administrator v. City of Paducah
Court of Appeals of Kentucky
Case 23 — ACTION FOR NEGLIGENCE CAUSING DEATH— APPEAL FROM M’CRACKEN CIRCUIT COURT. A municipal corporation with control of public common trav-. ersed by foot-paths on which the public may rightfully travel is liable to a common law action for damages caused by a dangerous and unguarded excavation made by the corporation for its own purposes in the ground adjoining one of the paths to a person walking thereon and who was at the time using due care. Dillon’s Munic. Corps.
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Case 23 — ACTION FOR NEGLIGENCE CAUSING DEATH— APPEAL FROM M’CRACKEN CIRCUIT COURT. A municipal corporation with control of public common trav-. ersed by foot-paths on which the public may rightfully travel is liable to a common law action for damages caused by a dangerous and unguarded excavation made by the corporation for its own purposes in the ground adjoining one of the paths to a person walking thereon and who was at the time using due care. Dillon’s Munic. Corps. (3d ed.), 2 vol., se;c. 985; Weet v. Rockport, 16 ,N. Y., 161; City of Pellín v. McMahon, 154 111., 141; 45 Am. St. Rep.,…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion ox the court.
Some years ago the city of Paducah bought a piece of land outside of the city limits, from which it got gravel; from the gravel being removed, a considerable excavation was made, which in the course of time filled with water, and was used as a bathing and fishing place. After this the limits of the city were extended so as to include this pond, which stood out in the commons, and some distance from any highway. Appellant lived in the city about a mile from the,pond. His little son, seven years of age, went down to visit a relative, living not far…
2Cases cited1 opinion
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
3Cited by16 opinions
- Mayfield Water & Light Co. v. Webb's Admr.Court of Appeals of Kentucky · 1908
- Coon v. Kentucky & Indiana Terminal RailroadCourt of Appeals of Kentucky · 1915
- White v. Kanawha City Co.West Virginia Supreme Court · 1945
- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Johnson v. Paducah Laundry Co.Court of Appeals of Kentucky · 1906
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