Legal Opinion

Yates v. City of Covington

Court of Appeals of Kentucky

Decided December 7, 1904PublishedCited by 5 opinions

Case 30 — Action by W. W. Yates Against the City of Covington fob Personal Injuries by Reason of Defective Sidewalks.— APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARYIN, CIRCUIT judge; Judgment for Defendant and Plaintiff Appeals. 1. We contend that the court erred in rejecting competent evidence by not allowing appellant to prove Fy seven disinterested witnesses that at the place on Russell street where appellant was injured, they lived near by, and saw numbers', of persons…

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Case 30 — Action by W. W. Yates Against the City of Covington fob Personal Injuries by Reason of Defective Sidewalks.— APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARYIN, CIRCUIT judge; Judgment for Defendant and Plaintiff Appeals. 1. We contend that the court erred in rejecting competent evidence by not allowing appellant to prove Fy seven disinterested witnesses that at the place on Russell street where appellant was injured, they lived near by, and saw numbers', of persons ■fall at that point by reason of defects in the sidewalk, and that accidents occurred constantly at said point. 2. The…

1Opinion of the Court

Opinion of the court by

JUDGE NUNN

Reversing.

The appellant on the 4th of October, 1902, filed his petition against the appellee in the Kenton circuit court, and in substance alleged that in the nighttime on the 21st of February, 1902, when walking along the sidewalk on the east side of Russell street, in the city of Covington, and while crossing an alley, he fell, injuring his hip a'nd back, causing the .muscles and ligaments of his limbs to become strained and bruised, in consequence of which he had become a permanent cripple. He alleged that his injuries were the result of the negligence of…

2Cases cited4 opinions

  1. District of Columbia v. ArmesSupreme Court of the United States · 1883
  2. Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
  3. City of Chicago v. PowersIllinois Supreme Court · 1866
  4. Fugate v. City of SomersetCourt of Appeals of Kentucky · 1895

3Cited by5 opinions

  1. Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
  2. City of Lebanon v. GravesCourt of Appeals of Kentucky · 1918
  3. Barlow v. Salt Lake & U. R.Utah Supreme Court · 1920
  4. City of Covington v. VisseCourt of Appeals of Kentucky · 1914
  5. Dowell v. BivinsCourt of Appeals of Kentucky · 1979

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