Legal Opinion

City of Maysville v. Guilfoyle

Court of Appeals of Kentucky

Decided April 26, 1901PublishedCited by 13 opinions

Case 75 — Action to Recover Damages for Personal Injuries— APPEAL FROM MASON CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals. The grounds of plaintiff’s action in this case, are that appellant had negligently allowed a hole to remain in the street, into which she fell and broke her leg. The trial resulted in a judgment against the city for $2,000. We rely on the following points .and authorities for a reversal: POINTS AND AUTHORITIES.

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Case 75 — Action to Recover Damages for Personal Injuries— APPEAL FROM MASON CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals. The grounds of plaintiff’s action in this case, are that appellant had negligently allowed a hole to remain in the street, into which she fell and broke her leg. The trial resulted in a judgment against the city for $2,000. We rely on the following points .and authorities for a reversal: POINTS AND AUTHORITIES. When a plaintiff’s own testimony shows him to have been .guilty of contributory negligence, it is the duty of the court to peremptorily instruct the…

1Opinion of the Court

Opinion or the court by

JUDGE WHITE

Aeeieming.

The appellee sought to recover for injuries received by falling on a street of appellant. The defense is a denial of liability because — First, the; place where the injury occurred was not a public street of the city; second, contributory negligence of appellee. On trial, a verdict and judgment for $2,000 was rendered, and, after appellant’s motion for a new trial had been overruled, this appeal is prosecuted.

The question as to whether the street where appellee received her injury was a public highway was submitted to the jury under proper…

2Cases cited2 opinions

  1. McQuillan v. City of SeattleWashington Supreme Court · 1895
  2. Vergin v. City of SaginawMichigan Supreme Court · 1901

3Cited by13 opinions

  1. Bohl v. City of Dell RapidsSouth Dakota Supreme Court · 1902
  2. Merchants Ice & Gold Storage Co. BargholtCourt of Appeals of Kentucky · 1908
  3. Louisville & Nashville Railroad v. CooperCourt of Appeals of Kentucky · 1915
  4. Straight Creek Fuel Co. v. MullinsCourt of Appeals of Kentucky · 1920
  5. Corbin v. City of HuntingtonWest Virginia Supreme Court · 1917

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