Prather v. City of Lexington
Court of Appeals of Kentucky
ERROR TO FAYETTE CIRCUIT. Case. Case 43. 1. There exists no principle of law which subjects a municipal corporation to responsibility for injuries to property within its territorial limits, by a mob. 2. The officers of a city are quasi civil officers, andaré responsible for malfeasance or nonfeasance in office; but the corporation is notresponsible.
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
This was an action on the case brought by Matilda Prather against the city of Lexington, for an injury she sustained in the partial destruction of a dwelling house belonging to her, and situated within the city, by the violence of a mob.
She alleged in her declaration, that a mob, consisting of a large assemblage of persons wholly unknown to her, collected in and about her dwelling house, and with force and violence injured and defaced the doors, windows, floors, and various other parts of the building to such an extent as to render it entirely…
2Cases cited1 opinion
- Ross v. City of MadisonIndiana Supreme Court · 1848
3Cited by10 opinions
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Klepinger v. Bd. of Comm. Co. of MiamiIndiana Court of Appeals · 1968
- Klepinger v. Board of Comm.Indiana Court of Appeals · 1968
- A & B AUTO STORES v. City of NewarkNew Jersey Superior Court Appellate Division · 1969
- Brougham v. City of SeattleWashington Supreme Court · 1938
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