Legal Opinion

Henderson v. City of Lexington

Court of Appeals of Kentucky

Decided June 9, 1908PublishedCited by 62 opinions

Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Prom the judgment defendants appeal 1. This proceeding, while nominally a suit 'to close Ayres Alley,, is actually a suit to condemn the private easements in the alley for the benefit of the railroad companies, in consideration of the-payment by the companies of part of the cost of building the viaduct, and their agreement to pay one-half the damages assessed on account of the closing of the alley in order to…

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Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Prom the judgment defendants appeal 1. This proceeding, while nominally a suit 'to close Ayres Alley,, is actually a suit to condemn the private easements in the alley for the benefit of the railroad companies, in consideration of the-payment by the companies of part of the cost of building the viaduct, and their agreement to pay one-half the damages assessed on account of the closing of the alley in order to fulfill and the city’s grant of the exclusive use in perpetuity of the closed portion. This the city had no power to do,…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Affirming.

This controversy grows out of the attempt of the city to close an alley. The record presents a number of questions that will make it necessary to state at considerable length the respective contentions of the parties, and, to afford a better understanding of the local situation, the following map has been copied from the record!:

*396

The alley in question is known as Ayres alley. It was 18 feet wide, and extended from Main street to 'High street, crossing Water street, which runs parallel with and about midway between Mlain and High streets. Water…

2Cases cited21 opinions

  1. Smith v. McDowellIllinois Supreme Court · 1893
  2. Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
  3. Ligare v. City of ChicagoIllinois Supreme Court · 1891
  4. Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
  5. Witsen v. GutmanCourt of Appeals of Maryland · 1894

16 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Commonwealth, Department of Highways v. FisterCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
  3. American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
  4. Hedrick v. GrahamSupreme Court of North Carolina · 1957
  5. Illinois Cent. R. v. MoriarityTennessee Supreme Court · 1916

57 more not listed; retrieve them via the Exa API.

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