Davis v. City of Lebanon

• Decision Date: 12 June 1900
• Citation: 57 S.W. 471,108 Ky. 688
• Parties: DAVIS v. CITY OF LEBANON. [1]
• Court: Kentucky Court of Appeals

57 S.W. 471

108 Ky. 688

DAVIS v. CITY OF LEBANON. ^[1]

Court of Appeals of Kentucky.

June 12, 1900

Appeal from circuit court, Marion county.

"To be officially reported."

Action by Celia Davis against the city of Lebanon to recover damages for injury to goods. Judgment for defendant, and plaintiff appeals. Affirmed.

Finley Shuck, for appellant.

H. P Cooper, for appellee.

GUFFY J.

The appellant instituted this action in the Marion circuit court against the appellee, seeking to recover judgment for $500 the value of property alleged to have been destroyed by the negligence of appellee's employés. The material part of the petition reads as follows: "Plaintiff further states that the city of Lebanon, Ky. was then, and is now, a city of the fourth class, as classified by the statutory law of Kentucky, and was incorporated under said laws, with power and authority to sue and be sued by that name. Said city at said date was the owner of a water service, and an establishment consisting of fire plugs, hose and hose carriers, nozzles, and all the paraphernalia for throwing large quantities of water for extinguishing fire and other purposes. Said city had in its employ at said date a company of men, organized and controlled by said city, and employed for the purpose of operating said water service, fire plugs and apparatus aforesaid; and said defendant did on the date aforesaid, by its agents and servants aforesaid, to wit, the company of men aforesaid in its employ, willfully and carelessly and negligently, and without right, throw water in large quantities from said fire plug, water service, and hose, which was then under the control and in the possession of defendant, its agents and employés, upon the aforesaid goods, wares, and merchandise of plaintiff, contrary to the consent and against the will of plaintiff, and thereby destroyed and injured said goods, wares, and merchandise of plaintiff, to her great damage, to wit, $500. Whereupon plaintiff prays judgment against defendant for $500 and her costs in this case, and all proper relief." To this petition the defendant demurred, and its demurrer was overruled by the court. Afterwards plaintiff filed the following amended petition: "The plaintiff comes, and by leave of court amends her petition herein in order to make more specific the allegations of ownership of the water service and fire plugs mentioned in the petition. She says the said water service and fire plugs are the property of the Lebanon Water Company, a stock company duly organized and created by the laws of Kentucky. The whole...