CITY OF HARRODSBURG v. YEAST


247 S.W.2d 383 (1952)

CITY OF HARRODSBURG v. YEAST.

Court of Appeals of Kentucky.

March 21, 1952.


Attorney(s) appearing for the Case

Errol W. Draffen, W. A. Wickliffe, City Atty., Harrodsburg, for appellant.

W. Earl Dean, W. H. Phillips, Harrodsburg, for appellee.


COMBS, Justice.

A jury awarded appellee $500 for damages caused by the intermittent overflowing of a city sewer line and the deposit of sewage on her property. The City contends it was entitled to a peremptory instruction and, in the alternative, that the instructions to the jury were erroneous.

There is evidence that the condition had existed since 1944 and that the overflow from the sewer deposited sewage on appellee's property six or seven times a year...

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