Hay v. City of Lexington
Court of Appeals of Kentucky
Case 75 — Action by Thomas R. Hay against the City of Lexington foe Damages to his House and Lot by Raising the •Street and Thereby Throwing Water on His Premises.— Feb. 3. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.
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Case 75 — Action by Thomas R. Hay against the City of Lexington foe Damages to his House and Lot by Raising the •Street and Thereby Throwing Water on His Premises.— Feb. 3. APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS AND CITATIONS. 1. The trial court erred in peremptorily Instructing the jury at the conclusion of the testimony for plaintiff to find for the defendant. 2. It was error to overrule plaintiff’s grounds and motion for a new trial. These rulings are deemed erroneous, and should be reversed' for these reasons; (1) The petition alleges and…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR —
Affirming.
The city of Lexington, in November, 1891, improved the roadway of North Broadway in front of the property of appellant, by the construction of * a brick street. This improvement involved the alteration of the graded street, raising it slightly so as to leave the street and the sidewalk about 71/2 inches above appellant’s lot. This suit was brought in October, 1900, against the city, for damages resulting from the inconveniences caused appellant’s tenants and the diminution of the rental value of his property by reason of the’ water being thrown…
2Cases cited10 opinions
- City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
- Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
- Chapman v. Albany & Schenectady RailroadNew York Supreme Court · 1851
- City of Louisville v. ColeburneCourt of Appeals of Kentucky · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Adams & Sullivan v. SengelCourt of Appeals of Kentucky · 1917
- Madisonville, Hartford & Eastern Railroad v. GrahamCourt of Appeals of Kentucky · 1912
- Louisville & Nashville R. R. v. WhitsellCourt of Appeals of Kentucky · 1907
- Chesapeake & Ohio Railway Co. v. RobbinsCourt of Appeals of Kentucky · 1913
- Town of Central Covington v. BeiserCourt of Appeals of Kentucky · 1906
10 more not listed; retrieve them via the Exa API.