Shepard v. Pulaski County

• Decision Date: 12 January 1892
• Citation: 18 S.W. 15
• Parties: Shepard v. Pulaski County.
• Court: Kentucky Court of Appeals

18 S.W. 15

Shepard v. Pulaski County.

Court of Appeals of Kentucky.

January 12, 1892

Appeal from circuit court, Pulaski county.

"Not to be officially reported."

Action by Elmer S. Shepard against Pulaski county for personal injuries. Petition dismissed on demurrer. Plaintiff appeals. Affirmed.

Holt, C.J.

The appellant, Elmer Shepard, while attending a school exhibition in the court-room on the second floor of the Pulaski county court-house, fell from the veranda in front of it, and was injured. The front door of the court-room opened into a hall, which had three windows reaching to the floor between it and the veranda. Through one of these the appellant, who was then but eight years old, walked, and in the darkness fell off the veranda, which had no railing around it. The ground of this action to recover damages for his injury is the neglect of the county in failing to have any railing around the veranda to prevent persons from falling from it. The lower court, upon demurrer, dismissed the petition. It is well settled in this state that a county is not liable for an injury arising from its neglect, or even its positive act, unless the liability is expressly, or by necessary implication, imposed by statute. The question is considered and authorities reviewed in the cases of Downing v. Mason Co., 87 Ky. 208, 8 S.W. 264, and Hite v. County Court, (Ky.) 15 S.W. 57. We have no statute authorizing an action like this one. Judgment affirmed.