Legal Opinion

City of Henderson v. McClain

Court of Appeals of Kentucky

Decided December 9, 1897PublishedCited by 33 opinions

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

  1. Chicago v. TaylorSupreme Court of the United States · 1888
  2. Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
  3. Kemper v. City of LouisvilleCourt of Appeals of Kentucky · 1878
  4. Keasy v. City of LouisvilleCourt of Appeals of Kentucky · 1836
  5. City of Louisville v. Louisville Rolling Mill Co.Court of Appeals of Kentucky · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
  2. Sallden v. City of Little FallsSupreme Court of Minnesota · 1907
  3. Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
  4. City of Paducah v. AllenCourt of Appeals of Kentucky · 1901
  5. Alabama Power Co. v. City of GuntersvilleSupreme Court of Alabama · 1937

28 more not listed; retrieve them via the Exa API.

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