City of Louisville v. Cope

Opinion op the Court by

Stanley, Commissioner

—Affirming.

The judgment is for $1,000 against the City of Louisville for damages caused by backwater from a sewer accumulating in the basement and garage of a residence through the drain basins and plumbing facili .ties. The petition alleges the sewer was inadequate in times of ordinary rainfall and had been negligently constructed and permitted to remain that way. The City denied that the backing up of the water was caused by the inadequacy of the sewer or negligence in its maintenance. The affirmative defenses are: (1) The plaintiff failed to…