Kippes v. City of Louisville

Opinion of the Court by

Judge Carroll

Affirming.

The appellant, who was the plaintiff below, averred in a petition filed by her against the appellee to recover damages for personal injuries, that she was injured by the negligence and carelessness of the' agents and employes of the city who were at the time engaged in flushing the streets with a hose that was.in such an unsafe and defective condition that it hurst and threw water upon her, thereby causing her to contract a severe cold that impaired her health.

In the third paragraph of its answer the appellee city alleged that the flusher referred…