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LOUISVILLE & JEFFERSON COUNTY MET. SEW. DIST. v. KIRK

390 S.W.2d 182 (1965)

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Appellant, v. Dr. Philip E. KIRK, Appellee.

Court of Appeals of Kentucky.

May 7, 1965.

Attorney(s) appearing for the Case

Raymond F. Bossmeyer, James G. Becker, Louisville, for appellant.

Harry L. Hargadon, Sr., Henry V. B. Denzer, Louisville, for appellee.

STEWART, Judge.

This action was instituted by appellee, Dr. Philip E. Kirk, to recover damage to his residence at 739 Southwestern Parkway in the City of Louisville allegedly resulting from the breach of an easement contract by appellant, Louisville and Jefferson County Metropolitan Sewer District (hereinafter referred to as "Metropolitan"), in failing to properly maintain a sewer beneath the house. The case was heard by a jury and resulted in a verdict and judgment...

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