Legal Opinion

Cassell v. Bd. Councilmen

Court of Appeals of Kentucky

Decided May 27, 1909PublishedCited by 6 opinions

CASE 17. — ACTION BY AMANDA T. CASSELL AGAINST THE CITY OF NICHOLASVILLE. — Appeal from Jessamine Circuit Court. From a judgment dismissing her petition, plaintiff appeals.' — Kentucky .Statutes, S;ec. 3567; By-Laws and Ordinances of the town of Nieholasville; Sec. 166; Constitution of Kentucky, Sec. 13 and 242; Billon’s Municipal Corporations, 'Sec. 990; City of Henderson v. McLain, 19 Ky. L. R. 1450; City of Ludlow v. Defweller, 20 Ky.

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CASE 17. — ACTION BY AMANDA T. CASSELL AGAINST THE CITY OF NICHOLASVILLE. — Appeal from Jessamine Circuit Court. From a judgment dismissing her petition, plaintiff appeals.' — Kentucky .Statutes, S;ec. 3567; By-Laws and Ordinances of the town of Nieholasville; Sec. 166; Constitution of Kentucky, Sec. 13 and 242; Billon’s Municipal Corporations, 'Sec. 990; City of Henderson v. McLain, 19 Ky. L. R. 1450; City of Ludlow v. Defweller, 20 Ky. L. R. 894; City of Louisville v. Hogan, 20 Ky. L. ■R. 1532; City of Mt. Sterling v. Jephson, 21 Ky. L. R. 1028; City of Frankfort v. Edelen, 82 So. W. 279;…

1Opinion of the Court

Opinion of the court by

Judge Barker

— Reversing.

This action was instituted by the appellant, Amanda T. Cassell, against the city of Nieholasville, Ky., to recover damages for alleged injuries to her property, fronting on one of the streets of the municipality, by reason of the changing of the grade in the sidewalk upon which her house abuts.

The substantial facts, as set out in the petition, are as follows: Appellant’s house is situated on her lot *105in the city of Nicholasville, on the northwest corner of Mulberry and North Cross streets, fronting on the east on Mulberry street and on the south…

2Cases cited2 opinions

  1. City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
  2. Barfield v. GleasonCourt of Appeals of Kentucky · 1901

3Cited by6 opinions

  1. Perry County v. TownesCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Bushart v. County of FultonCourt of Appeals of Kentucky · 1919
  3. City of Dayton v. RewaldCourt of Appeals of Kentucky · 1916
  4. Pursiful v. City of HarlanCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Commonwealth v. MeehanCourt of Appeals of Kentucky · 1953

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