Lexington Hydraulic & Mfg. Co. v. Oots
Court of Appeals of Kentucky
Case 76 — Action by Maey E. Oots Against The Lexington HYDRAULIC & MANUFACTURING GO. TO RECOVER DAMAGES FOR THE Burning of Her Property by Its Failure to Supply Water.— APPEAL FROM FAYETTE CIRCUIT COURT — WATTS PARKER, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals.
Read the full summary
Case 76 — Action by Maey E. Oots Against The Lexington HYDRAULIC & MANUFACTURING GO. TO RECOVER DAMAGES FOR THE Burning of Her Property by Its Failure to Supply Water.— APPEAL FROM FAYETTE CIRCUIT COURT — WATTS PARKER, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. POINTS. 1. The demurrer to the petition should have been sustained, because: (1) An individual citizen of a municipality can not maintain an action for the recovery of damages on account of a breach of a contract between the city and the water company. Patch v. Covington, 17 B. M., 728; Yrooman v. Turner, 25 Am. Rep.,…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Reversing.
On June 7, 1901, a cooper-sbop on IWest Main street, in Lexington, Ky., belonging to tbe appellee, Mary E. Oots, was burned in a general conflagration extending over a large area *602of the western part of the city. To recover damages for the destruction of her property, this action was instituted by appellee in the Fayette circuit court, based upon the alleged failure on the part of the water company to supply the requisite quantity of water, as stipulated for in its contract with the city. A trial of the fiction resulted in a verdict and judgment in…
2Cases cited2 opinions
- Paducah Lumber Co. v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
- Hall v. Scott's Adm'rCourt of Appeals of Kentucky · 1890
3Cited by6 opinions
- Ancrum v. Camden Water, Light & Ice Co.Supreme Court of South Carolina · 1909
- Woodbury v. Tampa Water Works Co.Supreme Court of Florida · 1909
- Humphreys v. Central Kentucky Natural Gas Co.Court of Appeals of Kentucky · 1920
- Tobin v. Frankfort Water Co.Court of Appeals of Kentucky · 1914
- Kentucky Utilities Co. v. Farmers' Co-Op. Stock Yards Co.Court of Appeals of Kentucky (pre-1976) · 1932
1 more not listed; retrieve them via the Exa API.