Court of Appeals of Kentucky (pre-1976) December 21, 1945 (Spangler's Adm'r v. City of Middlesboro)

*238

Opinion of the Court by

Judge Dawson

Reversing.

This is an action for wrongful death under section 411.130 KRS, based on the alleged negligence of the City of Middlesboro in permitting dangerous defects in its streets.

There is a natural stream flowing along the West side of twenty-fifth street which crosses Exeter Avenue at the intersection of the two. streets.