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CITY OF ASHLAND v. SMITH

340 S.W.2d 208 (1960)

CITY OF ASHLAND, Kentucky, a Municipal Corporation, Appellant, v. Gerald C. SMITH, Appellee.

Court of Appeals of Kentucky.

November 11, 1960.

Attorney(s) appearing for the Case

A. W. Mann, Arthur T. Bryson, Jr., Ashland, for appellant.

P. H. Vincent, Ashland, for appellee.

MONTGOMERY, Judge.

Gerald C. Smith recovered judgment in the sum of $2,000 against the City of Ashland for water damage to his property arising out of alleged negligent street work. The City has moved for an appeal and urges that the damages are excessive.

In 1956, the City, pursuant to KRS 94.500 and 94.510, resurfaced Greenway Road upon which appellee's property fronted. Appellee alleged as his cause of action that appellant in resurfacing the street raised...

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