Kemper v. City of Louisville
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL PROM JEPPERSON COMMON PLEAS COURT. 1. Resident citizens and tax-payers of a city are not competent jurors in an action against the city. (3 Oo.
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Case 14 — PETITION ORDINARY APPEAL PROM JEPPERSON COMMON PLEAS COURT. 1. Resident citizens and tax-payers of a city are not competent jurors in an action against the city. (3 Oo. Lit. 464; Eberle v. The Board of Directors St. Louis Public Schools, 11 Mo. 248; Hobart, 87; 3 Bacon, 756; Find v. St. Louis Public Schools, 30 Mo. 173; Hesketh v. Braddock, 3 Burrows, 1847; Peck v. Essex, Zab. 656; Wood v. Stoddard, 2 John. 194; Haws v. Gustin, 2 Allen, 402; 7 Mass. 461: Lynch v. Horey, 1 Bay, 229; Russel v. Hamilton, 2 Scam. 56; 2 Tidd’s Pr. 853; Watson v. Tripp, 15 Am. Law Reg. N. S. 282.) • 2.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The appellants Kemper and wife were living upon and the owners of a small lot of ground in the city of Louisville, bordering on an improvement, made after their purchase, known as Grayson Street. This street was laid out and constructed in accordance with an ordinance passed by the general council. The lot is located in that portion of the city where the water, after heavy rains, accumulates in such quantities as to create small ponds that flow from one to the other, and in a short time are drained by a depression on the surface of the ground.…
2Cases cited2 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
3Cited by21 opinions
- Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
- City of Dallas v. PeacockTexas Supreme Court · 1895
- Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
- Daniel v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1903
- Swift v. BroylesSupreme Court of Georgia · 1902
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