James' Adm'r v. Trustees of Harrodsburg
Court of Appeals of Kentucky
Case 28 — PETITION ORDINARY appeal prom mercer circuit court. 1. A town is liable for damage resulting from a public nuisance, althrugh on private property, if that nuisance is adjacent to the public highway, and the town has power to suppress it and has notice thereof.
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Case 28 — PETITION ORDINARY appeal prom mercer circuit court. 1. A town is liable for damage resulting from a public nuisance, althrugh on private property, if that nuisance is adjacent to the public highway, and the town has power to suppress it and has notice thereof. (Wood on Law of Nuisances, secs. 739 and 744; Parker v. Macon, 39 6a., 725; Kelsey v. Glover, 15 Vt., 714; Palmer v. City of Andover, 2 Cush., 607; Coggshill v. Lexington, 4 Cush., 307; Snow v. Adams, 1 Cush., 443.) 2. The blasting of rock in the vicinity of a highway by the use of gunpowderor other explosives is a nuisance.…
1Opinion of the CourtChief Justice Pbyob
The appellant’s intestate was seriously injured by a stone thrown by a blast of powder that was made on the lot of one of the residents of the town, preparatory to. the erection of a building upon it by the owner.
An action was instituted by the person injured against the town of Harrodsburg, in which it is alleged that the excavation was made on the lot by the consent of the city, and the blasting of stone permitted for several days, the stones falling in the *193streets of the city, so as to endanger the lives of its citizens and those passing; and finally, one of the stones striking the…
2Cited by6 opinions
- Hull v. Roxboro.Supreme Court of North Carolina · 1906
- Stubley v. Allison Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- McGraw v. Town of MarionCourt of Appeals of Kentucky · 1896
- Leonard v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1899
- Haines v. Barclay TownshipSupreme Court of Pennsylvania · 1897
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