Elam v. City of Mt. Sterling
Court of Appeals of Kentucky
Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for defendant. Plaintiff appeals POINTS AND AUTHORITIES. 1. The petition does not stale a cause of action.
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Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Judgment for defendant. Plaintiff appeals POINTS AND AUTHORITIES. 1. The petition does not stale a cause of action. (28 Cyc. page 1380; Elliott’s Roads and Streets', sec. 616; Smith’s Municipal Corporations, sec. 1543; Board of Councilmen of Town of Nicholas-ville v. Fain, 99 S. W., 275; Town of Royal Center v. Bingaman, 77 N. E. (Ind. 1906) 811.) 2. The obstructions complained of were not, as a matter of law, such obstructions as were reasonably calculated to frighten a horse of ordinary gentleness. (Bloor v. Delafield, 65 N.…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Affirming.
The appellant in his petition to recover damages for personal injuries received alleged that the city of Mt. Sterling, by its officers and agents, negligently and carelessly placed and permitted to remain on Richmond street, in said city, two large piles of crossing stones directly opposite each other on each side of the street, so close to the route of travel as to *659frighten horses passing same, thereby rendering the street dangerous and unsafe for travel which fact was known to the officers of the city, or could have been known by them by the…
2Cases cited9 opinions
- District of Columbia v. MoultonSupreme Court of the United States · 1901
- Town of Rushville v. AdamsIndiana Supreme Court · 1886
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
- Loberg v. Town of AmherstWisconsin Supreme Court · 1894
- Fugate v. City of SomersetCourt of Appeals of Kentucky · 1895
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3Cited by23 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Platt v. NewbergOregon Supreme Court · 1922
- Tudor v. City of LouisvilleCourt of Appeals of Kentucky · 1916
- City of Woodward v. BowderSupreme Court of Oklahoma · 1916
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