Patch v. City of Covington
Court of Appeals of Kentucky
Case 31. Ord. Pet. Appeal from kenton circuit. 1. The general rule which we rely upon as safe to test liability in a case like this is, that where an indictment may be maintained against an individual, or a corporation, for something done, or negligently omitted to be done, which it is a public duty to do, causing damage to the public, an action will lie for special damages thereby done to an individual; as in the ordinary case of a nuisance put in the highway by a stranger…
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Case 31. Ord. Pet. Appeal from kenton circuit. 1. The general rule which we rely upon as safe to test liability in a case like this is, that where an indictment may be maintained against an individual, or a corporation, for something done, or negligently omitted to be done, which it is a public duty to do, causing damage to the public, an action will lie for special damages thereby done to an individual; as in the ordinary case of a nuisance put in the highway by a stranger digging a trench across it, or by the default of the person to repair, whose duty it was to do so. An action was…
1Opinion of the Court
Judge Duvall
delivered the opinion of the court:
This is an action brought by the appellant against the city of Covington, to recover the value of a house w^ck, it is alledged, was destroyed by fire in consequence of the failure, on the part of the city, to keep its public cisterns in repair, and to provide the fire company of the city with hooks, ladders, and other necessary apparatus.
The circuit court sustained a demurrer to the petition, and from that judgment the plaintiff has appealed.
This court has recognized the doctrine, that where a particular act, operating injuriously to an…
2Cases cited1 opinion
- Bosworth v. BrandCourt of Appeals of Kentucky · 1833