Clay City v. Roberts
Court of Appeals of Kentucky
CASE 76. — ACTION BY W. S. ROBERTS AND OTHERS AGAINST THE TOWN OF CLAY CITY TO COMPEL IT TO BUILD A BRIDGE ACROSS A RIVER RUNNING THROUGH THE TOWN Appeal from Powell Circuit Court. J. M. Benton, Circuit Judge. Judgment for plaintiffs. Defendant appeals. We submit:. 1. The relief granted is insufficient.
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CASE 76. — ACTION BY W. S. ROBERTS AND OTHERS AGAINST THE TOWN OF CLAY CITY TO COMPEL IT TO BUILD A BRIDGE ACROSS A RIVER RUNNING THROUGH THE TOWN Appeal from Powell Circuit Court. J. M. Benton, Circuit Judge. Judgment for plaintiffs. Defendant appeals. We submit:. 1. The relief granted is insufficient. If the plaintiffs were entitled to a bridge it should have been adjudged to be a substantial structure that would have been safe for the public to use. 2. The judgment is too indefinite and uncertain. There is no description of the structure directed to be built and no dimensions given, or of…
1Opinion of the Court
Opinion of the Court by
Judge Lassing
Reversing.
Clay City is a town of the fifth class, and Red river runs through the town. Some years ago a lumber company operated a planing mill on one side of the river and a sawmill on the other side, and for its convenience in carrying on its business, this lumber company built a pontoon bridge across the river. The bridge was used by the lumber company and also by the citizens of the town in general. While the lumber company was in operation, it kept the bridge in repair. Some years ago the lumber company moved away from Clay City, and since that time…
2Cases cited2 opinions
- Commonwealth v. Boone County CourtCourt of Appeals of Kentucky · 1885
- Leslie County v. WootenCourt of Appeals of Kentucky · 1903
3Cited by7 opinions
- State Ex Rel. Clark v. City of SeattleWashington Supreme Court · 1926
- Elam v. SalisburyCourt of Appeals of Kentucky · 1918
- Gee's Admr. v. City of HopkinsvilleCourt of Appeals of Kentucky · 1913
- Nelson County v. City of BardstownCourt of Appeals of Kentucky · 1907
- City of Pineville v. Robbins, JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
2 more not listed; retrieve them via the Exa API.