Comley v. Am. Standard Asphalt Co.
Court of Appeals of Kentucky
CASE 35 — ACTION BY THE AMERICAN STANDARD ASPHALT CO. AGAINST J. E. COMLEY AND OTHERS TO ENFORCE PAYMENT FOR STREET IMPROVEMENT. — Appeal from Jefferson Circuit Court; Chancery Branch (Second Division). Samuel B. Kirby, Judge.
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CASE 35 — ACTION BY THE AMERICAN STANDARD ASPHALT CO. AGAINST J. E. COMLEY AND OTHERS TO ENFORCE PAYMENT FOR STREET IMPROVEMENT. — Appeal from Jefferson Circuit Court; Chancery Branch (Second Division). Samuel B. Kirby, Judge. From a judgment sustaining a demurrer to their answer Comley and Wife appeal — POINTS AND AUTHORITIES. 1, Where in a city of the first class a street is improved, the territory on one side being divided into ordinary squares and on the other side not so divided, the original apportionment having been held erroneous by the Court of- Appeals, upon a return of the case to…
1Opinion of the Court
Opinion of the Court by
Judge Nunn —
Affirming.
Tn the year 1904 the city of Louisville hy appropriate proceedings caused the original construction of the carriageway of Rosewood avenue, from Baxter avenue to Von Borries avenue. The ordinance provided for the improvement to he made at the cost of the owners of the abutting land as provided hy law. After the completion of the improvement and the acceptance of the work hy the city of Louisville, the hoard of public works of that city apportioned the cost of the improvement pursuant' to their idea of what the term “according to law” shown in the…
2Cases cited1 opinion
- City of Louisville v. Am. Stand. Asp. Co.Court of Appeals of Kentucky · 1907
3Cited by2 opinions
- Richards v. Barber Asphalt Paving Co.Court of Appeals of Kentucky · 1914
- Smith Bros., Inc. v. LucasCourt of Appeals of Texas · 1928