V.T.C. Lines, Inc. v. City of Harlan
Kentucky Court of Appeals
313 S.W.2d 573 (1957)
- Written by Tammy Boggs, JD
Facts
V.T.C. Lines, Inc. (VTC) (plaintiff) was a transportation company that operated a bus station and garage across the street from a recreational facility owned by the City of Harlan (defendant). In 1953, the city cleaned the swimming pool at the recreational facility by sand blasting, resulting in a great deal of emery dust settling on VTC’s bus station. The buses’ diesel engines, which ignite through intaking air, were significantly worn and damaged by the dust. VTC sued the city, seeking to recover for the damage to VTC’s private property. The city defended in part by arguing that VTC’s claimed damages were to personal property, which was not properly subject to government taking. The city also asserted that it was exercising a governmental function and thus immune from liability. The court granted the city’s motion for summary judgment, and VTC appealed.
Rule of Law
Issue
Holding and Reasoning (Moremen, C.J.)
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