City of Henderson v. McClain
Court of Appeals of Kentucky
Case 65 — PETITION ORDINARY APPEAL. FROM HENDERSON CIRCUIT COURT. 1. A municipal corporation has authority to grade or regrade a street for any public purpose without incurring any responsibility to holders of adjacent lots, though a street may be raised several'feet thereby; nor is this rule changed by any provision' of the present Constitution.
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Case 65 — PETITION ORDINARY APPEAL. FROM HENDERSON CIRCUIT COURT. 1. A municipal corporation has authority to grade or regrade a street for any public purpose without incurring any responsibility to holders of adjacent lots, though a street may be raised several'feet thereby; nor is this rule changed by any provision' of the present Constitution. Wolf v. Covington & Lexington R. R., 15 B. M., 404; Keasey v. Louisville, 4 Dana, 154; ■ L. & E. Railroad Co. v. Brown, 17 B. M., 763; Bridge Co. v. -Foote, 9 Bush, 264. 2. But if section 242 of the present Constitution did change that rule, it also'…
1Opinion of the Court
-JUDGE BuRELLiE
dhuveret) tiie. opinion of thf, court.
■ . The. appellee. brought suit against..the city of Henderson, alleging that she was the owner of a lot of land fronting on Center street, and had easy- and free access to and use of that street in -going to. and from her residence; that the appellant, in .pursuance of an ordinance of its common coun-toil,' caused the street to be excavated in front of and adjoining .her-property, .up ,to. -the line thereof, to such an extent .and depth, as to ruin-her dence and.enclosure, wholly destroying-her access-to. and use. of the street, .leaving…
2Cases cited6 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Kemper v. City of LouisvilleCourt of Appeals of Kentucky · 1878
- Keasy v. City of LouisvilleCourt of Appeals of Kentucky · 1836
- City of Louisville v. Louisville Rolling Mill Co.Court of Appeals of Kentucky · 1867
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- Alabama Power Co. v. City of GuntersvilleSupreme Court of Alabama · 1937
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