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Kennedy v. Indianapolis was a United States Supreme Court case that addressed the issue of whether a city could be held liable for damages caused by a defective street. The plaintiff, Kennedy, was injured when his horse and wagon fell into a hole in the street. He sued the city of Indianapolis for damages, claiming that the city had been negligent in maintaining the street. The Supreme Court held that the city could be held liable for damages caused by a defective street. The Court reasoned that the city had a duty to maintain the streets in a safe condition, and that it had breached this duty by failing to repair the hole in the street. The Court also held that the city was liable for the damages caused by the defective street, even though the city had not been aware of the defect. The Court's decision in Kennedy v. Indianapolis established that cities can be held liable for damages caused by defective streets. This decision has been cited in numerous cases since then, and has been used to support the idea that cities have a duty to maintain their streets in a safe condition.
Justice Field delivered the dissenting opinion in Kennedy v. Indianapolis, arguing that the city of Indianapolis had a right to regulate and control its streets for public safety purposes. He argued that it was within their power to pass an ordinance prohibiting animals from running at large on any street or alley in the city, as long as they did not interfere with private property rights. Furthermore, he argued that this ordinance applied equally to all persons and animals alike; thus there was no discrimination against any particular class of people or animals. Justice Field concluded by stating that if citizens were allowed to keep their horses on public streets without regulation then it would be impossible for cities like Indianapolis to protect its citizens from potential harm caused by these uncontrolled horses.