Muir v. Thixton, Millett & Co.
Court of Appeals of Kentucky
Case 96 — Action by Joseph Muir Against Thixton, Millett & Co., to Recover Damages for the Death of a Horse. APPEAL FROM NELSON CIRCUIT COURT--SAMUEL E. JONES, CIRCUIT JUDGE, Judgment for Defendants. Plaintiff- Appeals. Principles -of law involved in this appeal. 1st. Owners of real property must so use it as not to injure others. 2nd. In Kentucky, cattle can lawfully wander over uninelosed prpoerty. 3rd.
Read the full summary
Case 96 — Action by Joseph Muir Against Thixton, Millett & Co., to Recover Damages for the Death of a Horse. APPEAL FROM NELSON CIRCUIT COURT--SAMUEL E. JONES, CIRCUIT JUDGE, Judgment for Defendants. Plaintiff- Appeals. Principles -of law involved in this appeal. 1st. Owners of real property must so use it as not to injure others. 2nd. In Kentucky, cattle can lawfully wander over uninelosed prpoerty. 3rd. Where an artificial pitfall or cistern, dangerous- to animals, is maintained without cover or barrier, on uninclosed premises, near a public road, to which the stock of others have-access;…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Affirming.
This action was. instituted by the appellant against the appellees to recover damages for the death of a horse, which in straying upon the distillery premises of the appellee’s, fell into a cistern and was- drowned. The distillery grounds front on the Bardstown and Loretto turnpike in Nelson county, and are uninclosed. The cistern in which the appellant’s horse was drowned is situated in the rear of the distillery buildings, and nearly 100 feet from the pike, and is used 'for supplying the distillery with water when in operation. The water with…
2Cases cited3 opinions
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Young v. HarveyIndiana Supreme Court · 1861
- Haughey v. HartSupreme Court of Iowa · 1883
3Cited by5 opinions
- Adams Bros. v. ClarkCourt of Appeals of Kentucky · 1920
- Brady v. StraubCourt of Appeals of Kentucky · 1917
- Abbott v. VanmeterSupreme Court of Arkansas · 1920
- Kentucky Power Co. v. Bayes ex rel. BayesCourt of Appeals of Kentucky · 1968
- Woodford v. HallCourt of Appeals of Kentucky · 1953