City of Louisville v. Kaye
Court of Appeals of Kentucky
CASE 67. — ACTION BY KATE E. KAYE AGAINST THE CITY 1 OE LOUISVILLE FOR. INJURY TO HER PROPERTY BY CHANGING THE GRADE IN TPIE STREET.— April 17. Appeal from. Jefferson Circuit Court: (Common .Pleas Branch, Second Division.) Thos. E. GokdoN, Judge. Judgment for plaintiff. Defendant ■ appeals.
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CASE 67. — ACTION BY KATE E. KAYE AGAINST THE CITY 1 OE LOUISVILLE FOR. INJURY TO HER PROPERTY BY CHANGING THE GRADE IN TPIE STREET.— April 17. Appeal from. Jefferson Circuit Court: (Common .Pleas Branch, Second Division.) Thos. E. GokdoN, Judge. Judgment for plaintiff. Defendant ■ appeals. We submit thiat instructions 1, 2, 3 and 4, given by the court to the jury are correct, but contend that'instruction No. 5 given by the trial court is a clear departure from the instructions which have been approved by the Coiirt of Appeals of this State, and also from the fixed and settled rule by which a…
1Opinion of the Court
OpxNiok op the ■ Court by
Judge Barker
Reversing.
The appellee, Kate E. Kaye, is the owner of a lot of ground in Louisville, Ky., situated on the northeast, corner of Catalpa and Woodland avenues. -In making Woodland avenue the city changed the grade of the street theretofore existing, and made a cut of four and one-half to five feet along the entire length of appellee’s lot. To recover damages for this alleged injury, this action was instituted. A trial was had before a jury, and a verdict and judgment rendered in favor of appellee for the sum' of $200, of -which the city is now complaining..…
2Cases cited2 opinions
- Jeffersonville, Madison & Indianapolis R. R. v. EsterleCourt of Appeals of Kentucky · 1878
- City of Henderson v. WinsteadCourt of Appeals of Kentucky · 1900
3Cited by4 opinions
- Hutcherson v. Louisville & N. R.Court of Appeals of Kentucky (pre-1976) · 1933
- City of Lexington v. ChenaultCourt of Appeals of Kentucky · 1913
- City of Dayton v. RewaldCourt of Appeals of Kentucky · 1916
- Waller v. City of MorganfieldCourt of Appeals of Kentucky · 1917