Legal Opinion

City of Newport v. Commonwealth

Court of Appeals of Kentucky

Decided March 17, 1900PublishedCited by 4 opinions

Case 19 — Indictment for Nuisance — APPEAL PROM CAMPBELL CIRCUIT COURT. The City of Newport Was Convicted on an Indictment tor Suffering a Nuisance and Appeals. 1. The indictment is too broad and general in its description and location of the lot on which the alleged nuisance was charged to have been permitted. 2. The location of the lot is too indefinite and uncertain to be identified with that certainty which good pleading demands. 3. The court refused to permit the…

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Case 19 — Indictment for Nuisance — APPEAL PROM CAMPBELL CIRCUIT COURT. The City of Newport Was Convicted on an Indictment tor Suffering a Nuisance and Appeals. 1. The indictment is too broad and general in its description and location of the lot on which the alleged nuisance was charged to have been permitted. 2. The location of the lot is too indefinite and uncertain to be identified with that certainty which good pleading demands. 3. The court refused to permit the appellant to introduce as evidence on its behalf the ordinance of the city, designating certain places in the city for dumping…

1Opinion of the Court

Opinion oe ti-ie court by

JUDGE PAYNTER—

-Aeitbming.

The indictment charges the city of Newport with unlawfully suffering- and permitting its employe and garbage -contractor to put large quantities of filth and other offensive matter — as dead animals, decayed vegetable matter and garbage1 — upon a vacant lot, a portion of which is in the corporate limits of the city of Newport, the lot *153being at the foot of Twelfth street, and near the Licking river; that the samé remained om the lot, and from it there arose noxious, deleterious, and unhealthy vapors, stenches, etc., to the common nuisance of…

2Cases cited1 opinion

  1. Rutherford v. CommonwealthCourt of Appeals of Kentucky · 1880

3Cited by4 opinions

  1. Francis v. City of Bowling GreenCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Rau v. Redwood City Woman's ClubCalifornia Court of Appeal · 1952
  3. City of Ludlow v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
  4. Freeman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928

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