City of Ashland v. Cummings
| Decision Date | 02 May 1922 |
| Citation | 240 S.W. 63,194 Ky. 645 |
| Parties | CITY OF ASHLAND v. CUMMINGS. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Boyd County.
Action by Sadie Cummings against the City of Ashland. Judgment for plaintiff, and defendant appeals. Affirmed.
S. S Willis, of Ashland, for appellant.
John W Woods and John T. Diederich, both of Ashland, for appellee.
Sadie Cummings sued the city of Ashland to recover damages for personal injuries resulting from a sidewalk accident. From a verdict and judgment in her favor for $1,000 the city appeals.
The accident happened in the following way: On December 3, 1918 Mrs Cummings, while walking along a board sidewalk on Church street, in the city of Ashland, met a Mr. Curtis, who weighed about 250 pounds. When they met, Mr. Curtis stepped to one side to allow Mrs. Cummings to pass. The board on which he stepped tilted up and tripped Mrs. Cummings, causing her to fall and break her leg. The boards were loose because the stringers were rotten, and would not hold the nails, and this condition had existed for a year or more.
It is insisted that the city was entitled to a peremptory because the street on which the accident happened had never been accepted as a public street, but was an unimproved road in a sparsely settled portion of the city, and not necessary for the convenience of the public, and for the further reason that the sidewalk was a private walk built and maintained for the use of a church, and not the public generally.
There is no dispute as to the facts. Many years ago certain territory lying between the city of Ashland and the city of Catlettsburg was subdivided and laid off into lots with streets and alleys, and a plat thereof was filed in the office of the Boyd county clerk. The main thoroughfare between the two cities ran through the subdivision, and was known as Winchester avenue. One of the streets of the subdivision was known as Church street. This street extended from Winchester avenue for a distance of about 1200 feet to the top of a large hill, where it connected with other streets which were a part of the subdivision. A number of houses had been built along the street, and the board sidewalk in question had been constructed on the left-hand side of this street, more particularly for the convenience of those attending the church, but was used by the public generally, who had occasion to pass along the street. In May 1917, the city of Ashland annexed that portion of the subdivision including Church street. Thereafter it recognized...
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City of Pineville v. Lawson
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City of Pineville v. Lawson
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Chesapeake & O. Ry. Co. v. City of Bellevue
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C. & O. Railway Co. v. City of Bellevue.
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