Mitchell v. Brady
Court of Appeals of Kentucky
CASE 51 — ACTION BY W. E. MITCHELL, ADMINISTRATOR OP THE ESTATE OP E. L. MITCHELL AGAINST HUGH BRADY AND OTHERS FOR DAMAGES FOR THE DEATH OF PLAINTIFF’S INTESTATE.— Appeal from Jefferson Circuit Court; Common Pleas Branch (Second Division). J. C. Dodd, Special Judge. From the judgment dismissing his petition plaintiff appeals. Affirmed as to the City of Louisville. POINT DISCUSSED AND AUTHORITY CITED.
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CASE 51 — ACTION BY W. E. MITCHELL, ADMINISTRATOR OP THE ESTATE OP E. L. MITCHELL AGAINST HUGH BRADY AND OTHERS FOR DAMAGES FOR THE DEATH OF PLAINTIFF’S INTESTATE.— Appeal from Jefferson Circuit Court; Common Pleas Branch (Second Division). J. C. Dodd, Special Judge. From the judgment dismissing his petition plaintiff appeals. Affirmed as to the City of Louisville. POINT DISCUSSED AND AUTHORITY CITED. The landlord having surrendered possession of the leased premises and having no control over the premises where the accident -occurred, is not liable in damages because of the defective…
1Opinion of the Court
*413Opinion op the Court by
Judge Hobson.
Hugh Brady is the owner of a brick building located on the northeast corner of Sixth and Broadway streets in Louisville". He rented the building to the United Laundry Company, which used part of the lower floor as an office and sublet the remainder of the building to Mrs. Mary Donnelley, who in turn sublet two rooms to W. E. Mitchell, in which he lived with his family. Attached to the building there was a tin down pipe to take the water from the roof. The down pipe extended down the w'all of the house on the Sixth street side and about five feet above the…
2Cases cited7 opinions
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
- Weller v. McCormickSupreme Court of New Jersey · 1890
- Railway Co. v. HopkinsSupreme Court of Arkansas · 1891
- Clarke v. Rhode Island Electric Lighting Co.Supreme Court of Rhode Island · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
- Spoar v. Turn-VereinWashington Supreme Court · 1911
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Green v. Asher Coal Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1964
- Goldberg v. WunderlichCourt of Appeals of Kentucky (pre-1976) · 1933
7 more not listed; retrieve them via the Exa API.