Peters v. Board of Ed. of Hardin County
| Decision Date | 01 May 1964 |
| Citation | 378 S.W.2d 638 |
| Parties | Henry PETERS et al., Appellants, v. BOARD OF EDUCATION OF HARDIN COUNTY, Kentucky, Appellee. Wendell JEFFRIES et al., Appellants, v. BOARD OF EDUCATION OF HARDIN COUNTY, Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
James M. Collier, Faurest & Collier, Elizabethtown, for appellants.
Paul M. Lewis, Hatcher & Lewis, Elizabethtown, for appellee.
JAMES B. STEPHENSON, Special Commissioner.
Appellants, plaintiffs below, filed these actions, consolidated on appeal, against the Board of Education of Hardin County, the appellee, alleging that appellee negligently constructed or operated a sewerage system from their school buildings so as to cause sewage to come upon appellant's property and contaminate their water wells, and claiming monetary damages as a proximate result of the aforesaid alleged negligence.
Appellee filed motion to dismiss and a conference in the nature of a pre-trial was apparently held by the court, resulting in the trial court sustaining appellee's motion to dismiss, and adjudging that the dismissal of the complaint 'be and it is a final and complete determination of said issue', without, however, the recitation of a determination that there is no just reason for delay. In the same order appellants moved for leave to amend their complaint for an injunction against appellee, which motion was sustained and the amended complaint was ordered filed.
Thereafter, notice of appeal was filed and within the time set out in CR 52.02 for amendment of findings, appellee moved the Court to make findings of fact and conclusions of law. The court heard the attorneys in conference, considered briefs, and made the following findings of fact:
(1) That the cause of action is based on negligence in the construction and operation of a sewage plant of a public school at Stephensburg in Hardin County;
(2) That the operation and maintenance of sewage facilities of the Stephensburg school plant is, and was at all times herein, a public governmental function of the Board of Education of Hardin County;
(3) That there was no trespassing or taking of property by the Board of Education; and
(4) That the damage, if any, was to subterranean waters.
The record in this case presents two problems involving the interpretation and application of the rules of civil procedure. The final order noted above purported to adjudicate one claim for relief in an action, but less than all of the claims, since the amended complaint asking for injunctive relief is still pending. We are presented herewith...
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Vorherr v. Coldiron
...there is no just cause for delay, and (2) the decision is final. Strict compliance with the rule is required. Peters v. Board of Education , 378 S.W.2d 638, 639 (Ky. 1964). A trial court's failure to conclude both recitations in a judgment renders it interlocutory and nonappealable. See Tur......
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...court on its own motion will raise the issue of want of jurisdiction if the order appealed from lacks finality. Peters v. Board of Education of Hardin County, Ky., 378 S.W.2d 638. The appeal is All concur, except NEIKIRK, J., who did not sit. ...
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...judgment adjudicating all the claims and the rights and liabilities of all the parties.As the Court stated in Peters v. Bd. of Ed. of Hardin Cty., 378 S.W.2d 638, 639 (Ky. 1964):The rule provides that final judgment may be granted upon one or more, but less than all, of the claims only upon......
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