Zehe's v. City of Louisville
Court of Appeals of Kentucky
Case 84 — ACTION BY WILLIAM E. ZEHE’S ADMINISTRATOR AGAINST THE CITY OF LOUISVILLE FOR NEGLIGENTLY CAUSING THE DEATH OF PLAINTIFFS INTESTATE, Appeal from Jefferson Circuit Court (Common Pleas Branch, 1st Division). John S. Jackman, Special Judge. Judgment for Defendant. Plaintiff appeals. 1. This action was dismised by the lower court on peremptory instructions.
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Case 84 — ACTION BY WILLIAM E. ZEHE’S ADMINISTRATOR AGAINST THE CITY OF LOUISVILLE FOR NEGLIGENTLY CAUSING THE DEATH OF PLAINTIFFS INTESTATE, Appeal from Jefferson Circuit Court (Common Pleas Branch, 1st Division). John S. Jackman, Special Judge. Judgment for Defendant. Plaintiff appeals. 1. This action was dismised by the lower court on peremptory instructions. The bill of exceptions which is filed is not the usual stenographers’ report because the plaintiff had no money to pay for it. He made up a bill showing the evidence but the Special Judge who tried the case refused to sign it, and it…
1Opinion of the Court
*624Opinion by
Judge Lassing
Affirming.
This was an action by ~W. E. Zehe’s administrator against the city of Louisville to recover damages for the death of an infant 9 years of age who was drowned by the overturning of a wagon in a creek near the mouth of a sewer in said city. Plaintiff alleged that, by reason of the faulty construction of the sewer at the point where it emptied into the creek a deep hole had been made in the creek and that the driver of the wagon in which the boy was riding, not knowing of the presence of said hole, drove his horse into same, and the wagon was overturned, and the…
2Cases cited2 opinions
- Johnson v. StiversCourt of Appeals of Kentucky · 1893
- Pfaffinger v. KremerCourt of Appeals of Kentucky · 1903
3Cited by2 opinions
- Nuckolls v. Illinois Central RailroadCourt of Appeals of Kentucky (pre-1976) · 1929
- Nicholas v. HookCourt of Appeals of Kentucky (pre-1976) · 1942