City of Bardstown v. Nelson County
Court of Appeals of Kentucky
Case 92. — ACTION BY THE CITY OF BARDSTOWN AGAINST NELSON COUNTY FOR EXPENSES INCURRED IN PREVENTING THE SPREAD OF SMALLPOX. Appeal from Nelson Circuit Court. Samuel E. Jones Circuit Judge. Judgment for defendant. Plainltiff appeals.
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Case 92. — ACTION BY THE CITY OF BARDSTOWN AGAINST NELSON COUNTY FOR EXPENSES INCURRED IN PREVENTING THE SPREAD OF SMALLPOX. Appeal from Nelson Circuit Court. Samuel E. Jones Circuit Judge. Judgment for defendant. Plainltiff appeals. POINTS AND AUTHORITIES. 1. In view of the fact that this is the second appeal of this case; that the evidence on both -appeals is identical, and that the court on former appeal, rev-er-sing, said the liability sued on “must be paid by the county as its other obligations are;” that “all the evidence was in favor of appellant (city), but the verdict was for…
1Opinion of the Court
*740Opinion by
Judge Settle
Reversing.
This is the second appeal of this case, and as the-opinion on the first appeal (see City of Bardstown v. Nelson County, 78 S. W., 169, 25 Ky. Law Rep., 1478), contains such a clear and elaborate statement of the facts we deem it unnecessary to repeat them. Suffice it to say, that Drs. Core and Pope, two of the three members of the board of health of Nelson county, having by a personal examination and diagnosis of the patient, discovered a case of smallpox in a negro settlement of Bardstown, decided at a meeting of the board of health, which was also attended by…
2Cited by7 opinions
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- Louisville & Nashville R. R. v. DanielCourt of Appeals of Kentucky · 1909
- Cumberland Railroad v. GirdnerCourt of Appeals of Kentucky · 1919
- Wilson v. BlantonCourt of Appeals of Kentucky (pre-1976) · 1928
- Black Mountain Corp. v. Partin's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1935
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