Legal Opinion

City of Henderson v. Lambert

Court of Appeals of Kentucky

Decided May 22, 1878PublishedCited by 12 opinions

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.

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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

  1. Hydes v. JoyesCourt of Appeals of Kentucky · 1868
  2. Murphy v. City of LouisvilleCourt of Appeals of Kentucky · 1872

3Cited by12 opinions

  1. Richardson v. MehlerCourt of Appeals of Kentucky · 1901
  2. Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
  3. City of Maysville v. DavisCourt of Appeals of Kentucky · 1915
  4. City of Earlington v. PowellCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Town of Hardinsburg v. MercerCourt of Appeals of Kentucky · 1916

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