Webster v. City of Vanceburg
Court of Appeals of Kentucky
CASE 42 — ACTION BY JOHN M. WEBSTER. AGAINST THE CITY OF VANCEBURG FOR AN INJURY RECEIVED BY REASON OF A DEFECTIVE SIDEWALK. — Appeal from. Lewis Circuit Court. S. G. Kinder, Circuit Judge. 1. We submit that the city of Vanceburg and not the C. & O. Ry.
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CASE 42 — ACTION BY JOHN M. WEBSTER. AGAINST THE CITY OF VANCEBURG FOR AN INJURY RECEIVED BY REASON OF A DEFECTIVE SIDEWALK. — Appeal from. Lewis Circuit Court. S. G. Kinder, Circuit Judge. 1. We submit that the city of Vanceburg and not the C. & O. Ry. Co., is liable in damages to appellant for the injury he sustained from the dangerous and defective sidewalk, unless appellants own testimony showed that he himself was negligent, and but for his own negligence the accident would not have happened. 2. The uncontradicted evidence shows that he acted prudently and. carefully in loading his dray,…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear —
Affirming.
The Chesapeake & Ohio Railway freight depot in Vanceburg is situated on Main street, alongside of which is a pavement. The.lay of the land is such that in getting freight into the depot for shipment, and in getting it out for delivery in town, teamsters have for years crossed the pavement in taking their wagons and drays up to the depot building to load and unload freight. Appellant, who was a drayman, loaded his dray with baled hay from the depot, or a car by it, and for that purpose and his own- convenience had driven his dray upon the…
2Cited by2 opinions
- City of Louisville v. HaughCourt of Appeals of Kentucky · 1914
- Wright v. Louisville Nashville R. Co., Inc.Court of Appeals of Kentucky (pre-1976) · 1931