City of Bowling Green v. Duncan
Court of Appeals of Kentucky
CASE 27 — ACTION BY ELIZABETH DUNCAN AGAINST CITY OF BOWLING GREEN FOR DAMAGES FOR INJURY RECEIVED ON DEFECTIVE SIDEWALK. — Macli 8. Appeal from, Warren Circuit Court. JOHN M. Galloway, Circuit Judge.
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CASE 27 — ACTION BY ELIZABETH DUNCAN AGAINST CITY OF BOWLING GREEN FOR DAMAGES FOR INJURY RECEIVED ON DEFECTIVE SIDEWALK. — Macli 8. Appeal from, Warren Circuit Court. JOHN M. Galloway, Circuit Judge. Judgment for plaintiff, defendant appeals. 1. The court erred in sustaining a demurrer to the third paragraph of the defendants answer which pleads as a defense the following ordinance: “Any person having a claim against the city other than for salaries due officers or coupons on bonds issued by the city, shall present same in writing to the council or Board of Public Works, if same be within…
1Opinion of the Court
OPINION by
John D. Carroll, Commissioner
— Affirmed.
The appellee instituted this action against the city of Bowling G-reen to recover $2,000 damages for injuries sustained by her on November 3, 1904, while walking along the plank sidewalk on Kentucky street in the city. Her cause of action is based on the fact *246that a plank, in the plank walk the city had constructed over a large sewer, had become loose and insecure, and when she stepped on the plank it gave way and caused her to fall through the sidewalk, which was about 31-2 feet .above the sewer, injuring her seriously. The petition contained…
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