Legal Opinion

Oneil v. Harkins

Court of Appeals of Kentucky

Decided March 27, 1871PublishedCited by 6 opinions

Case 41 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. CITED Revised Statutes, Myers’s Supplement, 272. Revised Statutes, 2 Stanton, 48. Washburn on Easements, pages 440-9. 1 Eng. L. & E. Rep. 241, Humphreys v. Bragdon. 2 Allen (Mass.) 131, Foley v. Wythe. 4 Paige, 169, Lasala v. Holbrook. 12 Massachusetts, 226, Thurston v. Hancock. 19 Barbour, 380, Farrand v. Marshall. 21 Barbour, 409, Farrand v. Marshall.

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Case 41 — PETITION ORDINARY APPEAL PROM KENTON CIRCUIT COURT. CITED Revised Statutes, Myers’s Supplement, 272. Revised Statutes, 2 Stanton, 48. Washburn on Easements, pages 440-9. 1 Eng. L. & E. Rep. 241, Humphreys v. Bragdon. 2 Allen (Mass.) 131, Foley v. Wythe. 4 Paige, 169, Lasala v. Holbrook. 12 Massachusetts, 226, Thurston v. Hancock. 19 Barbour, 380, Farrand v. Marshall. 21 Barbour, 409, Farrand v. Marshall. CITED Washburn on Easements and Servitudes, sec. 1, pp. 512-20. Comstock, 159, Redeliffe v. Major. 8 B. Monroe, 453, Shreve v. Stokes. 2 Rolle, Wilde v. Muisterly. 4 Paige, 169,…

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion oe the court.

Bullock Street, in the city of Covington, skirts the base of a hill. Western Row runs parallel to said street along the side of the hill, at a distance of one hundred and seventy . feet, and at an elevation of about forty feet. Oneil owns a lot fronting on Western Row twenty-live feet, and running back half way to Bullock Street. Harkins owns a lot fronting fifty feet on the last-named street, and running back to and abutting on the rear of the lot owned by Oneil. Along the line dividing the two lots a common board fence was erected some years…

2Cases cited1 opinion

  1. Shrieve v. StokesCourt of Appeals of Kentucky · 1848

3Cited by6 opinions

  1. Walker v. StrosniderWest Virginia Supreme Court · 1910
  2. City of Covington v. GeylerCourt of Appeals of Kentucky · 1892
  3. Rutkoski v. ZalaskiSupreme Court of Connecticut · 1916
  4. Chesapeake & Ohio Railway Co. v. MayCourt of Appeals of Kentucky · 1914
  5. Spoo v. GarvinCourt of Appeals of Kentucky (pre-1976) · 1930

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