Bannon v. Rohmeiser
Court of Appeals of Kentucky
Case 6 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW ANT) EQUITY COURT. I. The only complaint is itliat -appellee has obstructed a highway, and if her complaint be true,-she suffers the same ftmd of injury that is com-moil to all, and hence has no individual, right of action. (Kineally, &e., v. .St.
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Case 6 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW ANT) EQUITY COURT. I. The only complaint is itliat -appellee has obstructed a highway, and if her complaint be true,-she suffers the same ftmd of injury that is com-moil to all, and hence has no individual, right of action. (Kineally, &e., v. .St. Louis, &c., 69 Mo., 663; Bailey v. Culver, 84 Mo., 539; Barr v. Stephens, 1 Bibb, 293; Stone v. Railroad Co., 68 111., 394; Angelí on Highways, sees. 283, 284.) 2. It is too late to question the power of the General Assembly to discontinue any one of its highways, and so long as the discontinuance…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant owns a lot of land in Louisville, fronting ninety-five feet on Thirteenth street, extending west two hundred feet to an alley twenty feet wide, and another fronting one hundred and eighty feet on Fourteenth street, extending east to the same alley, both bounded on the south by an alley forty feet wide, that extends from one to the other street.
Appellee owns and occupies a small lot likewise fronting on Thirteenth street, and extending to the first-named alley, which lies north of, but not adjoining, the lot of appellant, there being…
2Cases cited2 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Gargan v. Louisville, New Albany & Chicago Railway Co.Court of Appeals of Kentucky · 1889
3Cited by10 opinions
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Long v. WilsonSupreme Court of Iowa · 1903
- Lowell v. Buffalo CountyNebraska Supreme Court · 1930
- Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
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