Legal Opinion

Hardwick v. Franklin

Court of Appeals of Kentucky

Decided March 8, 1905PublishedCited by 6 opinions

Case 10. — ACTION BY WILLIAM A. HARDWICK AGAINST JOHN R. FRANKLIN FOR DAMAGES'FOR INJURIES RECEIVED BY THE FALLING OF A BRIDGE CONSTRUCTED BY DEFENDANT AS SPECIAL COMMISSIONER Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for defendant. Plaintiff appeals.

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Case 10. — ACTION BY WILLIAM A. HARDWICK AGAINST JOHN R. FRANKLIN FOR DAMAGES'FOR INJURIES RECEIVED BY THE FALLING OF A BRIDGE CONSTRUCTED BY DEFENDANT AS SPECIAL COMMISSIONER Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for defendant. Plaintiff appeals. SYNOPSIS OF APPELLANT’S BRIEF. 1. The question presented here is: “Shall Franklin be held liable to compensate Hardwick for injuries received through Franklin’s negligence in making repairs to a bridge in a public road while acting as special commissioner to make said repairs?” 2. The county and county court are…

1Opinion of the Court

Opinion by

CAief Justice Hobson

Affirming.

Appellant, Hardwiclc, while driving over a bridge on one of the public roads of Hopkins county, was injured by the bridge falling, as he alleged, by reason of the gross negligence of appellee, Franklin, while acting as special commissioner of the fiscal court, in failing to make the bridge reasonably safe, and leaving it in a defective condition. He filed this suit to recover of Franklin for the injury. The defendant filed an answer traversing the allegations of the petition, and afterwards filed a general demurrer to the petition, which was sustained…

2Cases cited5 opinions

  1. Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
  2. Wheatly v. MercerCourt of Appeals of Kentucky · 1873
  3. Hite v. Whitley County CourtCourt of Appeals of Kentucky · 1891
  4. Moss v. RowlettCourt of Appeals of Kentucky · 1901
  5. Coleman v. EakerCourt of Appeals of Kentucky · 1901

3Cited by6 opinions

  1. Longstreet v. County of MecostaMichigan Supreme Court · 1924
  2. Simons v. GregoryCourt of Appeals of Kentucky · 1905
  3. Shearer v. HallCourt of Appeals of Kentucky · 1965
  4. Lowe v. StorozyszynSupreme Court of Oklahoma · 1938
  5. Breathitt County v. HaginsCourt of Appeals of Kentucky · 1919

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