Legal Opinion

Baker v. City of Lexington

Court of Appeals of Kentucky (pre-1976)

Decided February 21, 1958PublishedCited by 10 opinions

1Opinion of the Court

CLAY, Commissioner.

Plaintiff appellant sought recovery against appellee City of Lexington for personal injuries sustained when he tripped on a strand of wire across a pathway in a city park. The trial court gave summary judgment for the city.

On this appeal plaintiff admits that we have consistently held the maintenance of parks is a governmental function, and cities are immune from liability for negli gence with respect thereto. See City of Louisville v. Pirtle, 297 Ky. 553, 180 S.W.2d 303. It is argued by plaintiff that this doctrine of municipal immunity is unsound, and upon reconsideration…

2Cases cited2 opinions

  1. City of Louisville v. PirtleCourt of Appeals of Kentucky (pre-1976) · 1944
  2. Smith v. City of LexingtonCourt of Appeals of Kentucky · 1957

3Cited by10 opinions

  1. Haney v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1964
  2. Schwindel v. Meade CountyKentucky Supreme Court · 2003
  3. Klepinger v. Bd. of Comm. Co. of MiamiIndiana Court of Appeals · 1968
  4. Klepinger v. Board of Comm.Indiana Court of Appeals · 1968
  5. Leary v. City of BostonMassachusetts Appeals Court · 1985

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