City of Paducah v. Allen
Court of Appeals of Kentucky
Case 40 — Action foe Damages against City fob Building a Pest House Neab Plaintiff’s Property — APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. In 1897 the city of Paducah bought about twenty acres of land about three miles from its corporate limits and established a pest house thereon, about 250 yards from the land of the appellee at the nearest point, and over a half mile from .his residence.
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Case 40 — Action foe Damages against City fob Building a Pest House Neab Plaintiff’s Property — APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. In 1897 the city of Paducah bought about twenty acres of land about three miles from its corporate limits and established a pest house thereon, about 250 yards from the land of the appellee at the nearest point, and over a half mile from .his residence. From the time.of the establishment of the pest house up to the institution of this suit the city has continuously used it for the treatment of smallpox patients; one…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Reversing.
In 1897, the city of Paducah, having bought about 20 acres of land about three miles from its corporate limits, located and established a hospital upon it for the purpose *365of treating eruptive diseases. The property acquired by the city lies on the east side of appellee’s farm. The hospital on this tract is about 250 yards from the fence of appellee, and about one-half mile from his residence. After the establishment of this hospital, and after ix bad been maintained by the city for some two or three years, appellee brought this action to recover of…
2Cases cited4 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
- Clayton v. City of HendersonCourt of Appeals of Kentucky · 1898
- Commonwealth v. FeltonCourt of Appeals of Kentucky · 1899
3Cited by28 opinions
- Stewart v. Commonwealth Ex Rel. Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1960
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
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