Legal Opinion

Rudd v. Kittinger

Court of Appeals of Kentucky (pre-1976)

Decided February 4, 1949PublishedCited by 5 opinions

1Opinion of the Court

Opinion op the Court by

Clay, Commissoner

Reversing.

Appellants filed this suit to enjoin the maintenance -of a fence by appellee on what is known as Catalpa Street in the town of Rumsey, and to recover damag&s for the maintenance, of a nuisance on or near that street. The Chancellor dismissed appellants’ petition.

Rumsey is a small town with a population of approximately 350 people. In 1836 the owner of the tract of land on which this community is situated filed with the Clerk of Muhlenberg County a “Plan of the Town of Bumsey”. On this plat rectangular city blocks were laid out and numbered,…

2Cases cited3 opinions

  1. Newport Pressed Brick & Stone Co. v. PlummerCourt of Appeals of Kentucky · 1912
  2. Volpenheim v. WesterfieldCourt of Appeals of Kentucky (pre-1976) · 1926
  3. Sowards v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1944

3Cited by5 opinions

  1. Eline Realty Co. v. FoemanCourt of Appeals of Kentucky (pre-1976) · 1952
  2. Krzewinski v. Eaton Homes, Inc.Ohio Court of Appeals · 1958
  3. Terrell v. TracyCourt of Appeals of Kentucky (pre-1976) · 1950
  4. Terrell v. TracyCourt of Appeals of Kentucky · 1950
  5. Call v. GoffCourt of Appeals of Kentucky · 1957

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