122 Ky. 244 | Ky. Ct. App. | 1906
OPINION by
— Affirmed.
The appellee instituted this action against the city of Bowling G-reen to recover $2,000 damages for injuries sustained by her on November 3, 1904, while walking along the plank sidewalk on Kentucky street in the city. Her cause of action is based on the fact
It appears from the evidence that the appellant is a colored woman about 53 years old; that, when the plank in the sidewalk broke or slipped from its proper place, she fell partly through the plank walk, and was helped out of her position by some persons passing by and carried to her house; that her limbs and other parts of her body were seriously injured and bruised; that'the attending physician placed her limb in plaster of "paris; and that she was confined to her bed about eight weeks, and to her room about twelve weeks, during all of which time she suffered considerable pain, and will probably feel for many years the effects of her injuries. Sufficient evidence was introduced in support of the petition to authorize a submission of the case to the jury, and, in view of the injuires sustained by the appellee, it cannot be said that the verdict is excessive. No* serious objection is made to the instructions given the jury, and indeed none can be well made, because they presented fairly the law of the case as adjudged by this court in several cases. The appellant offered two instructions, marked A and B, which were refused by the court. Instruction A is not objectionable, but it was not error to refuse it, as instruction No. 3 given to the jury by the court was substantially the same as the instruction refused. Instruction B offered by the appellant, and refused, required the jury to believe from the evidence, before they could find for appellee, that the city
The only remaining error relied on was the action of the court in sustaining the demurrer,to paragraph 3 of the answer.
Section 3237 of the Kentucky Statutes, in the charter of third class cities, provides in part that “each of said corporations shall have perpetual succession, shall have the right to sue and he sued, plead and be impleaded with, contract and be contracted with,” and section 3290 invests the common council of cities of this class with power to enact ordinances upon a variety of subjects', describing in detail the matters concerning which it may legislate, but there is no' provision giving to the council the right or authority to enact an ordinance prescribing the terms or conditions upon which persons having claims against the city shall proceed to enforce them, and in the absence of such legislative authority it was not within the power of the city to enact an ordinance of this character. We do not doubt the power of the legislature to provide in the charter that persons having claims against the city may be required to present them to the proper authorities before an
The Judgment is affirmed.