Board of Park Commissioner v. Prinz
Court of Appeals of Kentucky
CASH 47. — ACTION BY HENRY PRINZ AGAINST THE BOARD OF PARK COMMISSIONERS OF THE CITY OF LOUISVILLE FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Jefferson Circuit Court; Common Pleas Branch; Second Division. Matt O’Doherty, Circuit Judge. Judgment for plaintiff, defendant appeals.
Read the full summary
CASH 47. — ACTION BY HENRY PRINZ AGAINST THE BOARD OF PARK COMMISSIONERS OF THE CITY OF LOUISVILLE FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Jefferson Circuit Court; Common Pleas Branch; Second Division. Matt O’Doherty, Circuit Judge. Judgment for plaintiff, defendant appeals. The sole question, for the decision of.the court on this appeal, is: Can the board, in the absence of a statute, be held liable for the negligence of its servants and employes? We contend that it can not, because, 1. It is a governmental agency, and therefore is not suable in tort in the absence of a statute making…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversing.
Appellee brought suit against appellant to recover damages for injuries sustained by the negligence of its employes in the operation of a steam roller used by it. There is no dispute about the facts. The single question presented is whether or not appellant, ini the absence of a statute imposing such liability, is responsible for the negligence of.its employes.
The board of park commissioners are elected by the voters of the city to manage and control the public parks of the city, and have the right to contract and be contracted with, sue and be…
2Cases cited16 opinions
- Gross v. Kentucky Board of ManagersCourt of Appeals of Kentucky · 1899
- Williamson v. Louisville Industrial School of ReformCourt of Appeals of Kentucky · 1894
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- City of Paducah v. AllenCourt of Appeals of Kentucky · 1901
- Clayton v. City of HendersonCourt of Appeals of Kentucky · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Gebhardt v. Village of Lagrange ParkIllinois Supreme Court · 1933
- Mayor of Baltimore v. State Ex Rel. BluefordCourt of Appeals of Maryland · 1937
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Kellar v. City of Los AngelesCalifornia Supreme Court · 1919
- Emmons v. City of VirginiaSupreme Court of Minnesota · 1922
42 more not listed; retrieve them via the Exa API.