Louisville & N. R. R. v. Barber Asphalt Paving Co.
Court of Appeals of Kentucky
Case 89 — 'Action by Barbee Asphalt Paving Co. and Others against L. & N. R. B. Co. to Subject its Property to a Claim for .Street Improvement. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Plaintiffs and Defendant Appeals.
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Affirming.
The appellant owns the perpetual right of way over a strip of land which parallels the street improved un’der the city ordinance. It is admitted by counsel that the facts of this case raise the question decided in Figg v. Louisville & Nashville R. R. Co. (116 Ky., 135, 25 R., 350), 75 S. W., 269. The opinion in that -case reads as follows: *857east of Seventh street and south of Magnolia avenue is a parcel of land sixty feet wide, used by the appellee as a road-bed, or what is commonly called the right of way, and, as a part of it, a triangular parcel…
2Cases cited5 opinions
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- City of Ludlow v. Trustees of Cincinnati Southern RailwayCourt of Appeals of Kentucky · 1880
- Preston v. RuddCourt of Appeals of Kentucky · 1886
- Figg v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903
3Cited by13 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Northern Pacific Railway Co. v. City of SeattleWashington Supreme Court · 1907
- Missouri, K. & T. Ry. Co. v. City of TulsaSupreme Court of Oklahoma · 1914
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914
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