Ashland & Catlettsburg Street Railway Co. v. Faulkner
Court of Appeals of Kentucky
Case 39 — ACTION FOR DAMAGES — APPEAL FROM BOYD CIRCUIT COURT. 1. A street railway is but an improved means of using a public highway, and no1 right of action exists in favor of an abutting property owner against it for damages unless some unnecessary injury is done to ingress and egress. It was, therefore, error to instruct the jury that if the appellant interfered with appellee’s means of ingress to and egress from his said land to find for the appellee.
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Case 39 — ACTION FOR DAMAGES — APPEAL FROM BOYD CIRCUIT COURT. 1. A street railway is but an improved means of using a public highway, and no1 right of action exists in favor of an abutting property owner against it for damages unless some unnecessary injury is done to ingress and egress. It was, therefore, error to instruct the jury that if the appellant interfered with appellee’s means of ingress to and egress from his said land to find for the appellee. Any occupation hy a street railway of a public highway would of necessity interfere to some extent with the ingress to and egress from…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion or the court.
This suit was instituted by appellee against appellant, the Ashland & Catlettsburg Street-Railway Company, for damages arising from the location and operation of its road. He claims to be the owner of a lot of ground fronting the Ashland & Catlettsburg turnpike road, on which he had erected a frame building forty-two feet long and sixteen feet wide, in which he did business as a saloou keeper; that, in the construction of the building, he had. left an intervening space of about ten feet between the front of the building and his property line on…
2Cases cited4 opinions
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
- Briggs v. Lewiston & Auburn Horse RailroadSupreme Judicial Court of Maine · 1887
- Louisville Bagging Manufacturing Co. v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1893
3Cited by8 opinions
- Cumberland Telephone & Telegraph Co. v. AvrittCourt of Appeals of Kentucky · 1905
- Dean v. Board of Education of HarrodsburgCourt of Appeals of Kentucky (pre-1976) · 1933
- Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1938
- Anderson v. DaughertyCourt of Appeals of Kentucky · 1919
- Hunt-Forbes Construction Co. v. City of AshlandCourt of Appeals of Kentucky (pre-1976) · 1936
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