McFarland, County Judge v. Burns, Drain. Com.

Court of Appeals of Kentucky (pre-1976)

McFarland, County Judge v. Burns, Drain. Com.

26 S.W.2d 550, 233 Ky. 654, 1930 Ky. LEXIS 636

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedMarch 28, 1930

StatusPublished

This text of 26 S.W.2d 550 (McFarland, County Judge v. Burns, Drain. Com.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McFarland, County Judge v. Burns, Drain. Com., 26 S.W.2d 550, 233 Ky. 654, 1930 Ky. LEXIS 636 (Ky. 1930).

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Opinion

Opinion op the Court by

Judge Rees

Affirming.

This case was on the docket in the court below as action No. 19485, and is a companion case to actions *655 Nos. 19446 and 19447, this day decided. 233 Ky. 650, 655, 26 S. W. (2d)—, Rev. No. 1710, 1712.

The plaintiffs’ petition averred that in constructing a large drainage canal known as the Panther Creek Ditch the agents and servants of the defendant’s predecessor in office cut the canal across a public highway of Daviess county, known as the Todd Bridge road, and constructed a bridge across the canal at a point where it intersected the road. It also averred that the bridge.so constructed was not sufficiently long to cross the canal, and the abutments and supports thereof were not strong enough adequately to support the bridge and have settled so that the bridge is now unsafe and extensive repairs thereto are necessary. Plaintiffs ask that a writ of mandamus issue requiring the defendant to repair the bridge out of the funds of the drainage district. A demurrer to the petition was sustained, the plaintiffs refused to plead further, and judgment was entered dismissing their petition and they have appealed.

The legal questions raised are the same as those raised in the two companion cases heretofore referred to, and upon the authority thereof the judgment is affirmed.

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Opinion op the Court by

Judge Rees

Affirming.

This case was on the docket in the court below as action No. 19485, and is a companion case to actions *655 Nos. 19446 and 19447, this day decided. 233 Ky. 650, 655, 26 S. W. (2d)—, Rev. No. 1710, 1712.

The plaintiffs’ petition averred that in constructing a large drainage canal known as the Panther Creek Ditch the agents and servants of the defendant’s predecessor in office cut the canal across a public highway of Daviess county, known as the Todd Bridge road, and constructed a bridge across the canal at a point where it intersected the road. It also averred that the bridge.so constructed was not sufficiently long to cross the canal, and the abutments and supports thereof were not strong enough adequately to support the bridge and have settled so that the bridge is now unsafe and extensive repairs thereto are necessary. Plaintiffs ask that a writ of mandamus issue requiring the defendant to repair the bridge out of the funds of the drainage district. A demurrer to the petition was sustained, the plaintiffs refused to plead further, and judgment was entered dismissing their petition and they have appealed.

The legal questions raised are the same as those raised in the two companion cases heretofore referred to, and upon the authority thereof the judgment is affirmed.

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Bluebook (online)

26 S.W.2d 550, 233 Ky. 654, 1930 Ky. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-county-judge-v-burns-drain-com-kyctapphigh-1930.

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