City of Ludlow v. Trustees of Cincinnati Southern Railway
Court of Appeals of Kentucky
Case 71 EQUITY APPEAL FROM KENTON CHANCERY COURT. .1. The question as to whether the improvement of Ash street is proper or not is a legislative question, or if judicial, it is to be decided by the council of the city of Ludlow. (Sec. I, chap. 1419, Acts 1871, vol. 1. P- 333-) 2. A railway company owning a lot upon a street ordered by the city authority to be improved at the expense of lot-owners, is as much bound to pay its proportion as private individuals.
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Case 71 EQUITY APPEAL FROM KENTON CHANCERY COURT. .1. The question as to whether the improvement of Ash street is proper or not is a legislative question, or if judicial, it is to be decided by the council of the city of Ludlow. (Sec. I, chap. 1419, Acts 1871, vol. 1. P- 333-) 2. A railway company owning a lot upon a street ordered by the city authority to be improved at the expense of lot-owners, is as much bound to pay its proportion as private individuals. (Johnson v. City of Louisville, 11 Bush, 529; 11 Johnson, 77; 4 Hill, 76; Redfield on Law Railways, vol. 2, 389; 10 Ohio; 46 N. Y.,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This suit was brought by the contractor, J. W. Rich,, against appellant and the trustees of the Cincinnati Southern Railway, to recover an assessment made by the city upon a lot belonging to the trustees, and abutting on the-improved street. The court below held that the lot was. necessary for the operation and maintenance of the railway, and refused to subject it to the payment of the claim, and rendered judgment against the city. The correctness of that ruling is questioned on this appeal.
It is suggested by counsel for the trustees that the lot…
2Cases cited4 opinions
- City of New Haven v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1871
- City of Chicago v. BaerIllinois Supreme Court · 1866
- Fremont County v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
- McFerran v. AllowayCourt of Appeals of Kentucky · 1879
3Cited by21 opinions
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Rich v. City of ChicagoIllinois Supreme Court · 1894
- Lobdell v. City of ChicagoIllinois Supreme Court · 1907
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