108 Ky. 688 | Ky. Ct. App. | 1900
AFFIRMING.
The appellant instituted this action in the Marion Circuit Court against the appellee, seeking to recover judgment for $500, the value of property alleged to have been destroyed by the negligence of appellee’s employes. The material part of the petition reads as follows: “Plaintiff further states that the city of Lebanon, Ky., was then, and is now, a city of the fourth class, as classified by the statutory law of Kentucky, and was incorporated under said laws, with power and authority to sue and be sued by that name. Said city at said date was the owner of a water •service, and an establishment consisting of fire plugs, hose and hose carriers, nozzles, and all the paraphernalia for throwing large quantities of. water for extinguishing fire and other purposes. Said city had in its employ at said date a company of men, organized and controlled by said city, and employed for the purpose of operating said water service, fire plugs, and apparatus aforesaid; and said defendant did on the date aforesaid, by its agents and servants aforesaid, to wit, the company of men aforesaid in its employ, willfully and carelessly and negligently, and without right, throw water in large quantities from said fire plug, water service, and hose, which was then under the control and in the possession of defendant, its agents and employes, upon the aforesaid goods, wares, and merchandise of plaintiff, contrary to the consent and against the will of plaintiff, and thereby destroyed and injured said goods, wares, and merchandise of plaintiff, to her great damage, to wit, $500. Whereupon plaintiff prays judgment against defendant for $500 and her costs' in this case, and all proper relief.” To this petition the defend
It may be conceded that the evidence introduced tended to sustain the- allegations of the petition. The on’y ground relied on for a new trial is that the court erred in giving the peremptory instruction, and that the verdict is