Carrollton Furniture Manufacturing Co. v. City of Carrollton
Court of Appeals of Kentucky
Case 69 — ACTION FOB DAMAGES APPEAL PROM CARROLL CIRCUIT COURT. 1. The relation of the city to the so-called lessee under the pleadings is not a pure question of law, but is a question of both law and fact, because Houghton is alleged to be a servant and agent as well as a lessee; and that he was representing the city as wharfmaster. 2. The relation between the city and Houghton was not that of landlord and tenant.
Read the full summary
Case 69 — ACTION FOB DAMAGES APPEAL PROM CARROLL CIRCUIT COURT. 1. The relation of the city to the so-called lessee under the pleadings is not a pure question of law, but is a question of both law and fact, because Houghton is alleged to be a servant and agent as well as a lessee; and that he was representing the city as wharfmaster. 2. The relation between the city and Houghton was not that of landlord and tenant. The former owed the public a duty which it could not put off at will. 3. The wharf in question being a public wharf the owner remained liable for its negligent operation…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
Carrollton is a city of the fifth class, and as such, under section 3637, Ky. Stat., has the right to hold such real and personal property as may be necessary and proper for municipal purposes*; but it is denied the power to sell or convey any portion of any water front, but may rent it for a term not exceeding twenty years, except the wharf privileges, which shall not be leased for more than five years. As appears from the petition as amended, the city enjoys wharf privileges and owns a wharf boat, which it leased to W. E. Houghton; and whilst…
2Cases cited6 opinions
- Roberts v. City of LouisvilleCourt of Appeals of Kentucky · 1891
- Clark v. Louisville Water Co.Court of Appeals of Kentucky · 1890
- City of Louisville v. CommonwealthCourt of Appeals of Kentucky · 1864
- City of Covington v. CommonwealthCourt of Appeals of Kentucky · 1897
- Commonwealth v. MakibbenCourt of Appeals of Kentucky · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
- Inland Waterways Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1929
- State v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1901
- Ledbetter Water District v. Crittenden-Livingston Water DistrictKentucky Supreme Court · 2020