Canfield v. City of Newport
| Decision Date | 22 April 1903 |
| Citation | 73 S.W. 788 |
| Parties | CANFIELD v. CITY OF NEWPORT. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Campbell County.
"Not to be officially reported."
Action by P.J. Canfield against the city of Newport. Judgment for defendant, and plaintiff appeals. Affirmed.
Phil J Ryan, for appellant.
Aubrey Barbour, for appellee.
The appellant, Patrick J. Canfield, brought this suit against the appellee, the city of Newport, to recover damages for injuries which resulted from falling into a manhole in the gutter at the southeast corner of Saratoga and Fifth streets in the city of Newport, which he alleges the defendant negligently and knowingly permitted to remain open and unguarded. The testimony shows that on a Sunday morning in October, 1899, between 11 and 12 o'clock, some boys took the iron covering from this manhole to release a cat which had fallen into the sewer, and that when they attempted to replace the lid it fell into the hole, which was some nine feet deep; that a citizen who lived in the vicinity immediately placed a barrel over the hole, and weighted it down with rocks, thus furnishing an effectual barricade against accidents; that it remained in this position during the day, but was removed by some unauthorized person during the following night; that the appellant, Patrick J. Canfield fell into this hole on Monday morning, before daylight, while on his way from his home to the butcher shop. The testimony fails to show at what hour or by whom the barrel was taken from over the hole, or that the city authorities had notice that the covering had been removed.
A city is not responsible for accidents which happen in its streets as the result of defects caused by the acts of persons not connected with its government, unless such defect has existed for such a length of time and under such circumstances that the city, or its officers, in the exercise of proper care and diligence, ought to have obtained knowledge of it. See Elliott on Roads and Streets, § 628; City of Covington v Asman (Ky.) 68 S.W. 646. There was no defect in the covering of this manhole before it was interfered with by unauthorized persons, and the placing of a barrel over it appears to have been a reasonable precaution against accidents, although not taken by the city, and no injury would have resulted, except for the unauthorized removal of it from the hole some time during Sunday night. The...
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Lewis v. Kansas City
...55 Ga. 566; Warsaw v. Dunlap, 112 Ind. 576; Theissen v. Belle Plains, 31 Iowa 118; Hazelrigg v. Frankfort (Ky.), 92 S.W. 584; Canfield v. Newport (Ky.), 73 S.W. 788; Leary Newburyport, 216 Mass. 225; Butler v. Oxford, 69 Miss. 618; Cohen v. New York, 204 N.Y. 424, 97 N.E. 866; Pemberton v. ......
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Lewis v. Kansas City, Missouri
...Ga. 566; Warsaw v. Dunlap, 112 Ind. 576; Theissen v. Belle Plains, 31 Iowa, 118; Hazelrigg v. Frankfort (Ky.), 92 S.W. 584; Canfield v. Newport (Ky.), 73 S.W. 788; Leary v. Newburyport, 216 Mass. 225; Butler v. Oxford, 69 Miss. 618; Cohen v. New York, 204 N.Y. 424, 97 N.E. 866; Pemberton v.......
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City of Louisville v. Lenehan
... ... obstruction, and the bare fact that it had been there for ... three hours is not sufficient to charge it with liability ... Canfield v. Newport, 73 S.W. 788, [24 Ky. Law Rep ... 2213]; Bell v. Henderson, 74 S.W. 206 [24 Ky. Law ... Rep. 2434]; Breil v. Buffalo, 144 N.Y. 163 [38 ... ...
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Eagan v. City of Covington
...to discover the dangerous condition of the sidewalk before the occurrence of the accident resulting in appellant's injuries. In Canfield v. City of Newport, supra, it is in the said: "The appellant, Patrick J. Canfield, brought this suit against the appellee, the city of Newport, to recover......