Spangler's Adm'r v. City of Middlesboro

Opinion of the Court by

Judge Dawson

Reversing.

This is an action for wrongful death under section 411.130 KRS, based on the alleged negligence of the City of Middlesboro in permitting dangerous defects in its streets.

There is a natural stream flowing along the West side of twenty-fifth street which crosses Exeter Avenue at the intersection of the two. streets. In improving Exeter Avenue the city constructed a concrete culvert across Exeter Avenue at this intersection so that the flow of the water would pass under it. The top of this culvert constitutes a part of the surface of twenty-fifth…