Murray v. City of Paducah

• Decision Date: 06 March 1906
• Citation: 91 S.W. 265
• Parties: MURRAY v. CITY OF PADUCAH.
• Court: Kentucky Court of Appeals

91 S.W. 265

MURRAY v. CITY OF PADUCAH.

Court of Appeals of Kentucky.

March 6, 1906

Appeal from Circuit Court, McCracken County.

"Not to be officially reported."

Action by John Murray against the city of Paducah. From a judgment sustaining a demurrer to the petition, plaintiff appeals. Affirmed.

J. Mark Worten, for appellant.

Campbell & Campbell, for appellee.

NUNN, J.

This appeal is from a judgment of the McCracken circuit court sustaining a demurrer to appellant's petition. He was fined $30 for a breach of the peace by the city court, and failed to pay or replevy same, and he was compelled to work upon the streets of the city. He claims that the city had no right to work him upon the streets, and that the same was in violation of the state and federal Constitutions, which prohibit involuntary servitude, except as a punishment for crime. He has appealed from the judgment of the lower court sustaining a demurrer to his petition. The case of Stone v. City of Paducah, 86 S.W. 531, 27 Ky. Law Rep. 717, and Bartlett v. Same (opinion delivered to-day) 91 S.W. 264, settles the question against him.

The judgment is affirmed.