City of Henderson v. Lambert
Court of Appeals of Kentucky
Case 3-JPETITI015r EQUITY APPEAL PROM HENDERSON COMMON PLEAS COURT. 1. The cost of the improvement was assessed against the property fronting on the street in pursuance of art. 3, sees. 8, 14, of the city charter of 1867, and sec. 16 of the amendment thereto of 1870. 2. Appellant’s obligation as abutting lot-owner to pay for the improvement of the street was not affected by the location and use of the railroad in the street.
Read the full summary
Case 3-JPETITI015r EQUITY APPEAL PROM HENDERSON COMMON PLEAS COURT. 1. The cost of the improvement was assessed against the property fronting on the street in pursuance of art. 3, sees. 8, 14, of the city charter of 1867, and sec. 16 of the amendment thereto of 1870. 2. Appellant’s obligation as abutting lot-owner to pay for the improvement of the street was not affected by the location and use of the railroad in the street. (Railroad Co. v. Applegate, 8 Dana, 289; Railroad Co. v. Brown, 17 B. Mon. 763; Cosby v. Railroad Co., 10 Bush, 291; E., L. & Big Sandy Railroad Co. v. Combs, 10 Bush,…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The charter of the city of Henderson provides that the improvement of public ways in said city shall be made and done, as may be prescribed by ordinance, at the exclusive cost of the owners of lots fronting or binding on the way improved, according to the number of feet owned by them respectively.
The common council provided by ordinance for the improvement of Fourth or Railroad Street in said city, and entered into contract with John Haffy to furnish the material and do the whole work, including grading, guttering, curbing, and graveling the…
2Cases cited2 opinions
- Hydes v. JoyesCourt of Appeals of Kentucky · 1868
- Murphy v. City of LouisvilleCourt of Appeals of Kentucky · 1872
3Cited by12 opinions
- Richardson v. MehlerCourt of Appeals of Kentucky · 1901
- Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
- City of Maysville v. DavisCourt of Appeals of Kentucky · 1915
- City of Earlington v. PowellCourt of Appeals of Kentucky (pre-1976) · 1928
- Town of Hardinsburg v. MercerCourt of Appeals of Kentucky · 1916
7 more not listed; retrieve them via the Exa API.