Philpot v. Town of Tompkinsville

Opinion of the Court by

Chief Justice Hobson — ■

Affirming.

Bud Philpot owns a house and lot in the town of Tompkinsville, Ky. He brought this suit against the town to recover damages to his property on account of the cutting down of the street in front of his property; at the conclusion of the evidence for him the court instructed the jury peremptorily to find for the defendant. His action having been dismissed he appeals.

The proof on the trial showed these facts: The town marshal, who was also the street commissioner, was verbally directed by the trustees to repair the streets. He employed…