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CITY OF MURRAY v. COM.

584 S.W.2d 403 (1979)

CITY OF MURRAY, Kentucky, by and through the City Commission of said City, consisting of John E. Scott, Individually and as Mayor of the City of Murray, Lloyd Arnold, Individually and as a member of the Common Council of the City of Murray, H. Ed Chrisman, Individually and as a member of the Common Council of the City of Murray, William R. Furches, Individually and as a member of the Common Council of the City of Murray, Ruby Hale, Individually and as a member of the Common Council of the City of Murray, Melvin Henley, Individually and as a member of the Common Council of the City of Murray, Howard Koenen, Individually and as a member of the Common Council of the City of Murray, Art Lee, Individually and as a member of the Common Council of the City of Murray, C. C. Lowry, Individually and as a member of the Common Council of the City of Murray, Woodrow Rickman, Individually and as a member of the Common Council of the City of Murray, Hugh T. Rushing, Individually and as a member of the Common Council of the City of Murray, Buell Stalls, Jr., Individually and as a member of the Common Council of the City of Murray, and Dave Willis, Individually and as a member of the Common Council of the City of Murray, Appellants, v. COMMONWEALTH of Kentucky, by and on relation of Arnold L. Mitchell, Commissioner of the Department of Fish and Wildlife Resources, Appellee.

Court of Appeals of Kentucky.

Modified and Ordered Published June 29, 1979.

Attorney(s) appearing for the Case

J. William Phillips, Murray, for appellants.

Paul C. Gaines, III, Frankfort, for appellee.

Before GUDGEL, WHITE and WINTERSHEIMER, JJ.

WINTERSHEIMER, Judge.

This appeal is from a judgment entered on May 11, 1978, based on a jury verdict which awarded the amount of $2,308.00 against the City of Murray. The action arose as a result of a sewer lift malfunction which discharged raw sewage into the Clark's River, resulting in the death of certain species of fish. During September 1976, the appellant City was engaged in sewage collection and treatment, and as part of its system operated a lift station...

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