Bright v. Bacon & Sons
Court of Appeals of Kentucky
CASE 89. — ACTION BY HORATIO S. BRIGHT AGAINST J. BACON & SONS TO ENJOIN THE EXTENSION OF A PARTY WALL. Appeal from Jefferson Circuit C'ourt (Chancery Brandi, First Division). Shackelford Miller, Judge. Injunction denied and plaintiff appeals POINTS AND AUTHORITIES. 1. Party walls — how created. (Bishop on Non-Contract Law, ■sec. 915; Whiting v. Gaylord, 66 Conn. 337.) 2. Party walls by prescription. (AVelford v. Gerard, 108 Ky. 322; Mann v. Reigler, 33 Ky.
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CASE 89. — ACTION BY HORATIO S. BRIGHT AGAINST J. BACON & SONS TO ENJOIN THE EXTENSION OF A PARTY WALL. Appeal from Jefferson Circuit C'ourt (Chancery Brandi, First Division). Shackelford Miller, Judge. Injunction denied and plaintiff appeals POINTS AND AUTHORITIES. 1. Party walls — how created. (Bishop on Non-Contract Law, ■sec. 915; Whiting v. Gaylord, 66 Conn. 337.) 2. Party walls by prescription. (AVelford v. Gerard, 108 Ky. 322; Mann v. Reigler, 33 Ky. Law Rep. 774, 111 S. 'W. 300; 3 Kent’s Com. 437, 13 Ed.; Putz-ell v. Drovers & Mechanics- National Bank, 78 Md. 349, 28 Atl. 276; Barry…
1Opinion of the Court
*851Opinion op the Court by
Judge O’Rear
Affirming.
The question for decision in this case is the right of one of the owners of a party wall to build upon it, so as to raise his house above the original height, without the consent of the other party. On the two lots owned, respectively, by Mrs. Bright and Miss Judge on Fourth street, in Louisville, were two houses, fronting upon the street. There was a wall between the houses which stood equally upon the two lots 6y.¿ inches upon each. This wall supported each of the houses on that side, and was a party wall. The buildings were each three stories…
2Cases cited14 opinions
- Ingals v. PlamondonIllinois Supreme Court · 1874
- Negus v. . BeckerNew York Court of Appeals · 1894
- Henry v. KochCourt of Appeals of Kentucky · 1882
- Baugher v. WilkinsCourt of Appeals of Maryland · 1860
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
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3Cited by15 opinions
- Illinois Central Railroad v. RobertsCourt of Appeals of Kentucky · 1996
- Citizens' Fire Ins. v. LockridgeCourt of Appeals of Kentucky · 1909
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Herrman v. Hartwood Holding Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Nelson Creek Coal Co. v. West Point Brick & Lumber Co.Court of Appeals of Kentucky · 1913
10 more not listed; retrieve them via the Exa API.