Barber Asphalt Paving Co. v. Garr
Court of Appeals of Kentucky
Case 42 — Actions by the Barber Asphalt Paving Co. v. Gaar, and Other Actions Tried Therewith to Enforce Liens for Street Improvements. APPEALS FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION.
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Case 42 — Actions by the Barber Asphalt Paving Co. v. Gaar, and Other Actions Tried Therewith to Enforce Liens for Street Improvements. APPEALS FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. POINTS AND PRECEDENTS. •Where it is shown, as in these eases, that benefits conferred by the improvement are in excess of burdens imposed by it; and .Where it is proved, as in these cases, that nothing complained of by property holders has actually -resulted to their -disadvantage; and Where it appears, as in these cases, that the construction, ■of the street is of the very highest character and at the…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON,
affirming in part AND REVERSING IN PART.
By an ordinance approved August 22, 1898, the general council of the city of Louisville provided for the improvement of the carriage way of Chestnut street from Thirty-*345first to Thirty-fourth street, and by another ordinance, approved on the same day, it provided for the improvement of the carriage way of Chestnut street from Thirty-fourth street to Shawnee avenue. Contracts were made with the Barber Asphalt Paving Company for the construction of the street under the ordinances. The.company complied with its contract.…
2Cases cited10 opinions
- Washington AvenueSupreme Court of Pennsylvania · 1871
- Preston v. RobertsCourt of Appeals of Kentucky · 1877
- Fehler v. GosnellCourt of Appeals of Kentucky · 1896
- Richardson v. MehlerCourt of Appeals of Kentucky · 1901
- Taber v. GrafmillerIndiana Supreme Court · 1887
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3Cited by15 opinions
- Hodges v. City of RoswellNew Mexico Supreme Court · 1926
- Trapp v. City of NewportCourt of Appeals of Kentucky · 1903
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
- Smith v. JeffersonOregon Supreme Court · 1915
- Town of Russell v. WhittCourt of Appeals of Kentucky · 1914
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