City Mayfield v. Hughley

• Decision Date: 30 November 1909
• Citation: 135 Ky. 532
• Parties: City Mayfield v. Hughley.
• Court: Kentucky Court of Appeals

Page 532

135 Ky. 532

City Mayfield v. Hughley.

Court of Appeals of Kentucky.

November 30, 1909.

Appeal from Graves Circuit Court.

R. J. BUGG, Circuit Judge.

Judgment for plaintiff, defendant appeals. — Affirmed.

M. B. HOLEFIELD for appellant.

HESTER & MARTIN for appellees.

OPINION OF THE COURT BY WM. ROGERS CLAY, COMMISSIONER — Affirming.

This action was instituted by appellee, W. F. Hughley, to recover damages for personal injuries occasioned by his falling over an obstruction in one of the streets of the city of Mayfield. The jury returned a verdict in favor of appellee for the sum of $250, and the city appeals.

In the year 1907 the street on which appellee received his injuries, which is known as South First street, was annexed to the city of Mayfield. At the time appellee received his injuries, he was on his way from his home to a union labor meeting. It was a dark night, and there were no street lights in the immediate neighborhood. At the time he was engaged in conversation with a friend. The accident occurred in front of the residence of Caroline Armstrong. Having determined to build a sidewalk in front of her property, she made an excavation in order to make the grade of her walk conform to the grade of the other walks which had been built. In doing this, she lowered the ground and caused the stop box belonging to the Mayfield Water & Light Company to project above the ground to a height of about six inches. While appellee had a general knowledge of the location of the stop box, he momentarily forgot its presence and stumped his toe against it and fell to the ground.

Appellant filed an answer containing four paragraphs., The first paragraph contained a general denial. The second paragraph contained a plea of contributory negligence. The third paragraph contained a plea to the effect that Caroline Armstrong, without any notice to, or any order, permission, or authority from, the city of Mayfield, undertook to build a sidewalk in front of her premises, and made the excavation which caused the stop box to project high and thus cause the injuries complained of. The fourth paragraph contained a plea to the effect that the annexed territory where the accident occurred was taken into the city when it was too late to subject the same to taxation for the year 1907, and that in the years 1907 and 1908 all the taxes were levied upon property in the city that were permissible under the charter of the city and the laws and Constitution of the...