City of Madisonville v. Bishop
Court of Appeals of Kentucky
Case 15 — Action to Recover Damages for Injury to Property.— APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. SYNOPSIS. 1. The petition of appellee as plaintiff below states a cause of action in his favor, at common law, and it was error for the lower court to sustain the demurrer as to it. Note to 16 Lawyer’s Reports Annotated, 395; Prather v. Lexington, 52 Ky. Reps., 559; Ward v. Louisville, 55 Ky.
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Case 15 — Action to Recover Damages for Injury to Property.— APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. SYNOPSIS. 1. The petition of appellee as plaintiff below states a cause of action in his favor, at common law, and it was error for the lower court to sustain the demurrer as to it. Note to 16 Lawyer’s Reports Annotated, 395; Prather v. Lexington, 52 Ky. Reps., 559; Ward v. Louisville, 55 Ky. Reps., 191; Spiers v. Brooklyn, 21 L. R. A., 641. 2. But inasmuch as the court overruled the demurrer to the second paragraph, which distinctly states a cause of…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
Appellee, M. TV. Bishop, is a merchant in the city of Madisonville. He filed this suit to recover for the destruction of a costly plate glass window in his store. He alleged in his petition these facts: On Saturday night, December 23, 1899, the ci fy caused and permitted a nuisance in the street in front of his store by suffering a riotous and tumultuous assembly of about 1,000 persons, unorganized, assembled for the purpose of violating the laws of the State as well as the city, and actually violating them by obstructing the street, rendering the…
2Cases cited2 opinions
- State v. BrownIndiana Supreme Court · 1879
- Sanders v. StateSupreme Court of Georgia · 1878
3Cited by4 opinions
- Dudley v. City of FlemingsburgCourt of Appeals of Kentucky · 1903
- Shenfield v. City Court of City of Tucson, Pima CountyCourt of Appeals of Arizona · 1968
- Blakeman v. City of WichitaSupreme Court of Kansas · 1914
- Harvey v. City of Bonner SpringsSupreme Court of Kansas · 1917