Davis v. City of Lebanon
Court of Appeals of Kentucky
Case 92 — Action to 'Recover Damages for Injury to Goods by Water From Negligence of Firemen APPEAL FROM MARION CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. It is conceded that a municipal corporation can not be held responsible for the acts of a public officer, notwithstanding his authority emanates from the eiity.
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Case 92 — Action to 'Recover Damages for Injury to Goods by Water From Negligence of Firemen APPEAL FROM MARION CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. 1. It is conceded that a municipal corporation can not be held responsible for the acts of a public officer, notwithstanding his authority emanates from the eiity. But a fireman with no duties to perform except such as pertain to the extinguishment of fires, who takes no oath of office and executes no bond on which he can be held liable for his acts, stands in a different attitude. He is the agent or servant of the city,…
1Opinion of the Court
*689OPINION OP THE COURT BY
JUDGE GUFFY
AFFIRMING.
The appellant instituted this action in the Marion Circuit Court against the appellee, seeking to recover judgment for $500, the value of property alleged to have been destroyed by the negligence of appellee’s employes. The material part of the petition reads as follows: “Plaintiff further states that the city of Lebanon, Ky., was then, and is now, a city of the fourth class, as classified by the statutory law of Kentucky, and was incorporated under said laws, with power and authority to sue and be sued by that name. Said city at said date was the…
2Cases cited1 opinion
- Greenwood v. LouisvilleCourt of Appeals of Kentucky · 1877
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