City of Harrodsburg v. Yeast

COMBS, Justice.

A jury awarded appellee $500 for damages caused by the intermittent overflowing of a city sewer line and the deposit of sewage on her property. The City contends it was entitled to a peremptory instruction and, in the alternative” that the instructions to the jury were erroneous.

There is evidence that the condition had existed since 1944 and that the overflow from the sewer deposited sewage on appellee’s property six or seven times a year. It was for the jury to decide whether the condition was caused by the City’s negligence or indifference and the City was not entitled to a…