Legal Opinion

Sparks v. Barber Asphalt Paving Co.

Court of Appeals of Kentucky

Decided October 14, 1908PublishedCited by 6 opinions

CASE 91. — ACTION BY THE BARBER ASPHALT PAVING COMPANY AGAINST NANCY SPARKS AND OTHERS TO RECOVER FOR STREET IMPROVE MENTS. — October 14. Appeal from Jefferson Circnit Court; Chancery Branch (First Division); Samuel B. Kirby, Judge.

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CASE 91. — ACTION BY THE BARBER ASPHALT PAVING COMPANY AGAINST NANCY SPARKS AND OTHERS TO RECOVER FOR STREET IMPROVE MENTS. — October 14. Appeal from Jefferson Circnit Court; Chancery Branch (First Division); Samuel B. Kirby, Judge. Judgment for plaintiffs, defendants appeal — PROPOSITIONS AND AUTHORITIES. 1. The work here involved is the first work done on this street since it has been within the limits of the city and is the original construction of the street in contemplation of law. (McHenry v Selvage, 99 Ky. 232; Wymond v. Barber Asphalt Paving Co., 25 Ky. Law Rep. 1135; Heim v. Figg, 28…

1Opinion of the Court

Opinion op the Court by

Judge Hobson —

Affirming.

What is now Frankfort avenue in the city of *772Louisville was formerly the Louisville & Shelbyville turnpike. While the pike was still in the possession of the turnpike company, the town of Crescent Hill was formed, which included within its limits a part of the pike. While the road was the property of the turnpike company and within the town of Crescent Hill, the Louisville Water Company improved the part of the road with macadam along the front of the Louisville Water Company’s property, extending westwardly to the intersection of Crescent avenue.…

2Cases cited3 opinions

  1. Barfield v. GleasonCourt of Appeals of Kentucky · 1901
  2. City of Catlettsburg v. SelfCourt of Appeals of Kentucky · 1903
  3. McHenry v. SelvageCourt of Appeals of Kentucky · 1896

3Cited by6 opinions

  1. Gernert v. City of LouisvilleCourt of Appeals of Kentucky · 1913
  2. City of Louisville v. StollCourt of Appeals of Kentucky · 1914
  3. Huddleston v. City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1926
  4. Hicks v. City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Cheney v. City of DetroitMichigan Supreme Court · 1923

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