Arnold v. City of Stanford
Court of Appeals of Kentucky
Case 103 — Action by E. S. Arnold against City of Stanford to Recover Damages for Injury to Property. APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 103 — Action by E. S. Arnold against City of Stanford to Recover Damages for Injury to Property. APPEAL FROM LINCOLN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. The city of Stanford, which is a city of the fifth class, erected and maintained a pesthouse within the city limits, and within 150 yards of appellant’s residence, for the treatment of smallpox patients and appellant filed his petition in the Lincoln circuit court for damages to his property thereby. A de- ' murrer to his petition was sustained ánd failing to plead further, his petition was dismissed and 'he…
1Opinion of the Court
Opinion ok tiik court í?y
JUDGE O’REAR
Affirmino.
Appellee is a city of the fifth class. Appellant sued to recover damages because the city, it is alleged, located a pest house for the treatment of smallpox patients so near his house within the city as to endanger the lives of appellant and his family, and to render his home uninhabitable. A demurrer was sustained to the petition, and he declined to plead further. The petition does not aver ¡hat appellee, by action of its council, vin adopting an ordinance or resolution to that effect, directed the act complained of, or that the council, by…
2Cases cited5 opinions
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Rivers v. City CouncilSupreme Court of Georgia · 1880
- Clayton v. City of HendersonCourt of Appeals of Kentucky · 1898
- Davis v. City CouncilSupreme Court of Alabama · 1874
- Hart v. BridgeportU.S. Circuit Court for the District of Connecticut · 1876
3Cited by5 opinions
- City of Monticello v. BatesCourt of Appeals of Kentucky · 1916
- Webster County v. LutzCourt of Appeals of Kentucky (pre-1976) · 1930
- City of Horse Cave v. PierceCourt of Appeals of Kentucky · 1969
- Gee's Admr. v. City of HopkinsvilleCourt of Appeals of Kentucky · 1913
- George v. City of RacelandCourt of Appeals of Kentucky (pre-1976) · 1939