Legal Opinion

Gosnell v. City of Louisville

Court of Appeals of Kentucky

Decided June 21, 1898PublishedCited by 30 opinions

Case 28 — ACTION TO ENFORCE STREET ASSESSMENT APPEAL PROM JEPEERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The city of Louisville has authority to contract for construction, reconstruction and repairs of its streets, and is liable to the contractor for so much of the cost of same as the city has no authority to charge against owners of abutting ground.

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Case 28 — ACTION TO ENFORCE STREET ASSESSMENT APPEAL PROM JEPEERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The city of Louisville has authority to contract for construction, reconstruction and repairs of its streets, and is liable to the contractor for so much of the cost of same as the city has no authority to charge against owners of abutting ground. Kentucky Statutes, secs. 2825, 2826, 2832, 2833, 2834; 99 Ky., 380, Fehler v. Gosnell; City of Louisville v. Leatherman, 99 Ky., 213; 18 Ky. Law Rep., 124; Caldwell v. Rupert, 10 Bush, 179; Louisville v. Nevin, 10 Bush, 549; Craycraft v.…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion of the court.'

Upon tbe former appeal of tbis case (Fehler v. Gosnell, 99 Ky. 394 [35 S. W. 1125]), the court held that the contract sued on for street improvements not only embraced a guaranty of faithful work, but also provision for repairs rendered necessary by other causes than defects in the contractor’s work, and that these provisions caused the bids for the work to be higher than they would have been without such provisions, but that the contractor was still entitled to recover, except to the extent the defendant’s assessment had been increased on that…

2Cases cited4 opinions

  1. Levi v. City of LouisvilleCourt of Appeals of Kentucky · 1895
  2. Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
  3. Fehler v. GosnellCourt of Appeals of Kentucky · 1896
  4. Holzhauer v. City of NewportCourt of Appeals of Kentucky · 1893

3Cited by30 opinions

  1. Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Williams v. WeddingCourt of Appeals of Kentucky · 1915
  3. Barfield v. GleasonCourt of Appeals of Kentucky · 1901
  4. City of Louisville v. BitzerCourt of Appeals of Kentucky · 1903
  5. City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913

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