Having v. City of Covington

CourtCourt of Appeals of Kentucky
Citation78 S.W. 431
PartiesHAVING v. CITY OF COVINGTON.
Decision Date03 February 1904

Appeal from Circuit Court, Kenton County.

"Not to be officially reported."

Action by Henry Having against the city of Covington. From a judgment for defendant, plaintiff appeals. Affirmed.

B. F Graziani, for appellant.

F. J Hanlon, for appellee.

NUNN J.

This action was instituted by the appellant in the Kenton circuit court for the recovery of the sum of $5,000 in damages against the appellee, the city of Covington, alleged to have been sustained by him by the acts of the appellee city through its officers and agents, committed, in substance, as follows: That the city, through its common council, purchased real estate, and erected a pesthouse thereon; that in the month of February, 1902, appellant was afflicted with a contagious disease, known as "smallpox"; that the city, through its agents and employés, did, on the date aforesaid, go to appellant's house, and assault and beat appellant, and took him by force against his will, while he was sick and unable to protect himself, and carried him to this pesthouse; that this house was unfit for any one, well or sick, to remain in; that the roof was broken, and the sides of the house open, so that the rain, snow, and ice could come in and upon him; that he was placed in a filthy, unhealthy, and damp room, and compelled to remain there for several weeks as a prisoner against his wish and protest; that the bed, bedding, and covering and place where he was kept were unfit for any one to occupy; that, because of said cold, sleet, and snow, and other elements, and the filthy condition of the rooms and bedclothing, he suffered both mental and physical pain and anguish; that the ravages of the disease with which he was afflicted were increased by reason thereof. The petition contained two paragraphs-- one for the assault and battery, and the other for his sufferings by reason of the unsanitary condition of the pesthouse. The appellee filed a motion to require the appellant to elect which cause of action he would prosecute. This motion was sustained, and the appellant elected to stand on the cause of action set out in the second paragraph, and he withdrew so much of his pleading as set out the assault and battery. The appellant does not complain of the action of the court in requiring him to elect. The court then sustained a demurrer to the petition of appellant, of which appellant complains.

It is agreed that the officials who committed the wrongs complained of are personally liable for the injuries received. The only question to be determined is, can the city be made liable therefor? Under the authority of the case ...

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12 cases
  • Cleveland Wrecking Co. v. Struck Const. Co., 212.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • September 15, 1941
    ...of Park Commissioners v. Prinz, 127 Ky. 460, 105 S.W. 948; City of Harlan v. Peaveley, 224 Ky. 338, 6 S.W.2d 270; Having v. City of Covington, 78 S.W. 431, 25 Ky.Law Rep. 1617; Twyman v. Board, City of Frankfort, 117 Ky. 518, 78 S.W. 446, 64 L.R.A. 572, 4 Ann. Cas. 622; Smith's Adm'r v. Com......
  • Jackson v. City of Owingsville
    • United States
    • Court of Appeals of Kentucky
    • October 19, 1909
    ......Law Rep. 374; Dudley v. City of Flemingsburg, 115 Ky. 5, 72 S.W. 327, 24 Ky. Law. Rep. 1804, 60 L.R.A. 575, 103 Am.St.Rep. 253; Having v. City of Covington, 78 S.W. 431, 25 Ky. Law Rep. 1617;. Twyman's Adm'r v. City of Frankfort, 117 Ky. 518, 78 S.W. 446, 25 Ky. Law Rep. 1620, ......
  • Browder v. City of Henderson
    • United States
    • Court of Appeals of Kentucky
    • January 17, 1919
    ......363; pesthouse, Twyman's Adm'r v. Town. of Frankfort, 117 Ky. 518, 78 S.W. 446, 25 Ky. Law Rep. 1620, 64 L. R. A. 572, 4 Ann. Cas. 622; Having v. City of. Covington, 78 S.W. 431, 25 Ky. Law Rep. 1617; reform. school, Williamson v. Louisville Reform School, 95. Ky. 251, 24 S.W. 1065, 15 ......
  • Board of Park Com'rs of City of Louisville v. Prinz
    • United States
    • Court of Appeals of Kentucky
    • December 6, 1907
    ...... is required to discharge, or while performing some service. necessary to the fulfillment of its obligations to the. public. And so, in Having v. City of Covington, 78. S.W. 431, 25 Ky. Law Rep. 1617, where it was sought to. recover damages against the city for the wrongful acts of its. ......
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