City of Winchester v. Wood
This text of 274 S.W.2d 783 (City of Winchester v. Wood) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are affirming the judgment in this case which awarded appellees the sum of $1,200 for damages to their property resulting from the construction of a street by appellant, because there was sufficient evidence that the streets were constructed negligently to take the case to the jury on that question.
We recognize the rule that the city is not liable for consequential damages arising from original construction of streets. However, that rule is not controlling here in view of the negligence question involved. See City of Owensboro v. Hope, 128 Ky. 524, 108 S.W. 873, 15 L.R.A.,N.S., 996, and City of Louisville v. Sauter, 149 Ky. 721, 149 S.W. 1029.
The motion for an appeal is overruled and the judgment is affirmed.
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Cite This Page — Counsel Stack
274 S.W.2d 783, 1954 Ky. LEXIS 1240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-winchester-v-wood-kyctapp-1954.