Prestonsburg Water Co. v. T. E. Neeley

111 S.W.2d 665, 271 Ky. 247, 1937 Ky. LEXIS 230

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: December 17, 1937
• Status: Published

Opinion

Opinion op the Court by

Creal, Commissioner—

Reversing.

T. E. Neeley bas recovered judgment against tbe Prestonsburg Water Company, a corporation, for dam ages in the sum of $800 for the destruction of his residence by fire which he alleged resulted from the failure of the water company to comply with the provisions of tbe franchise under wbicb it was operating its water plant in tbe city of Prestonsburg, and tbe water company is appealing.

Buildings of William Dingus and other persons in the vicinity were destroyed by fire at tbe same time. Tbe pleadings, evidence, instructions, etc., are in all material respects tbe same as in tbe case of Prestonsburg Water Company v. William Dingus, 271 Ky. 240, 111 S. W. (2d) 661, this day decided. Tbe cases were beard together below, tbe appeals have been considered together, and, on tbe authority of tbe opinion in tbe Dingus Case and for tbe reasons therein assigned, tbe judgment is reversed for proceedings consistent with this opinion.

Whole court sitting.