Layman v. Beeler
Court of Appeals of Kentucky
Case 32 — Action by Willis Layman against George Beeler, &c. to Recover Damages for Injury to Land. APPEAL FROM LARUE CIRCUIT COURT.
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Case 32 — Action by Willis Layman against George Beeler, &c. to Recover Damages for Injury to Land. APPEAL FROM LARUE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. - Appellant filed a petition in the Larue circuit court alleging that he was the owner of a tract of land in said county through which passed a county road dividing his land in two equal parts and that the county of Larue and the other defendants had dug ditches and erected embankments so as to prevent him from crossing the road or approaching his house or other buildings and gates. The county filed a general…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Reversing.
Appellant was the owner of a tract of land in Larue county through which was located a county road. This road divided appellant’s land into two parts of about equal size. It existed in that condition, and upon the grade at which it was found when the acts complained of m this suit were* committed, for about 20 years. The county of Larue determined to alter the grade of the road under the authority of section 4306 of the Kentucky Statutes, which provides: “The fiscal court of each county shall have charge and supervision of the public roads and…
2Cases cited4 opinions
- City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
- City of Paducah v. AllenCourt of Appeals of Kentucky · 1901
- Pool v. AdkissonCourt of Appeals of Kentucky · 1833
3Cited by25 opinions
- Nelson County v. LovingSupreme Court of Virginia · 1919
- Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1935
- Cranley v. Boyd CountyCourt of Appeals of Kentucky (pre-1976) · 1936
- Chesapeake & Ohio Railway Co. v. Wadsworth Electric Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Perry County v. TownesCourt of Appeals of Kentucky (pre-1976) · 1929
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