Preston v. City of Louisville
Court of Appeals of Kentucky
Case 17 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. If municipal corporations, in making street improvements, exercise reasonable care and skill in the performance of the work, and do not trespass upon the property of the adjoining owner, they are not answerable to him for consequential damages to his premises. (Dillon on Municipal Corporations, section 990, 3d ed.; Callender v. Marsh> 1 Pick.
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Case 17 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. Brief not in record. 1. If municipal corporations, in making street improvements, exercise reasonable care and skill in the performance of the work, and do not trespass upon the property of the adjoining owner, they are not answerable to him for consequential damages to his premises. (Dillon on Municipal Corporations, section 990, 3d ed.; Callender v. Marsh> 1 Pick. (Mass.), 418.) 2. The charter of the city of Louisville is a pdblic statute of local application, and a provision therein fixing -a period of limitation as to…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The act of the Legislature to amend the charter of the city of Louisville, approved March 29, 1882, provides : ‘
“No action for damages of any character whatever, to either person or property, shall be instituted or maintained against the city, unless such action be *120com top,need within' six months after the accrual of the. cause of action.” * * * ■ * *
It is contended that, as the limitation in such actions, when applied to persons or corporations generally, is five years, that this is an attempt to confer a special privilege on the city, not in…
2Cases cited3 opinions
- Kentucky Trust Co. v. LewisCourt of Appeals of Kentucky · 1885
- Smith v. WardenCourt of Appeals of Kentucky · 1883
- City of Covington v. HoadleyCourt of Appeals of Kentucky · 1885
3Cited by3 opinions
- City of Louisville v. KuntzCourt of Appeals of Kentucky · 1898
- Lawrence v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1895
- City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1930