City of Flemingsburg v. Fleming County
Court of Appeals of Kentucky
CASE 15. — ACTION BY THE CITY OF FLEMINGSBURG AGAINST FLEMING COUNTY FOR A PORTION OF THE COST OF A BRIDGE Appeal from Fleming Circuit Court. J. P. Haebeson, Circuit Judge.
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CASE 15. — ACTION BY THE CITY OF FLEMINGSBURG AGAINST FLEMING COUNTY FOR A PORTION OF THE COST OF A BRIDGE Appeal from Fleming Circuit Court. J. P. Haebeson, Circuit Judge. Judgment for defendant, plaintiff appeals— The Kentucky Legislature having had the whole matter before it, in considering the municipal corporation act, and having delegated the power to build and repair and control bridges to the larger cities — cities of th© first four classes — and having withheld that power from the smaller cities^ — the cities of the fifth and sixth classes — in order to do justice and equity to these…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Reversing.
Flemingsburg, a city of tbe fifth class, has- a population of about 1,100, and is situated on a creek that runs entirely through the city. Crossing this creek on a bridge within the city limits is one of the principal highways of the county, which is also used as a street of the city. It does not appear in the record whether this bridge was. originally erected by the county or city or a turnpike company; but for the past 15 years the city has been exercising control over it and keeping it in repair. In 1905 the bridge became unsafe and dangerous…
2Cases cited4 opinions
- City of Chicago v. PowersIllinois Supreme Court · 1866
- Leslie County v. WootenCourt of Appeals of Kentucky · 1903
- Nelson County v. City of BardstownCourt of Appeals of Kentucky · 1907
- St. Louis, Alton & Terre Haute Railroad v. People ex rel. AndelIllinois Supreme Court · 1902
3Cited by9 opinions
- Tate v. MurphySupreme Court of Oklahoma · 1949
- R. C. H. Covington Co. v. Masonic Temple Co.Court of Appeals of Kentucky · 1917
- City of Pineville v. LawsonCourt of Appeals of Kentucky (pre-1976) · 1928
- City of Clinton v. Hickman CountyCourt of Appeals of Kentucky · 1914
- City of Pineville v. Robbins, JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
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