Figg v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 11 — Action by the City of Louisville against thu Louisville & N. R. R. ICo. and L. R. Figg for Cost of Street Improvement. ATPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. From the Judgment Figg and the City of Louisville .Separately Appeal.
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Case 11 — Action by the City of Louisville against thu Louisville & N. R. R. ICo. and L. R. Figg for Cost of Street Improvement. ATPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. From the Judgment Figg and the City of Louisville .Separately Appeal. The question involved in this appeal isi whether -or hot the property or right of way of the L. & N. R. R. Co. within -the area defined by the city ordinance is subject to the statutory lien in favor of -the contractor for street improvements. The railroad company contends that it is not (1) because ft~: properly was not benettited by the…
1Opinion of the Court
Opinion of ti-ie court by
JUDGE PAYNTER
¡Reverríno.
The main line of the Louisville & Nashville Railroad Company runs southwardly from near Tenth and Broadway streets, Louisville, Ky., to and beyond Nashville, Tenn, Its right of way is 60 feet in 'width. Under appropriate proceedings in the general council, Magnolia avenue was improved by original construction, ,and the taxing district was properly designated. Within that district, east of Seventh street and south of Magnolia avenue, is a parcel of land 60 feet wide, used by the appellee as a roadbed, or *141what is commonly called the “right of…
2Cases cited3 opinions
- 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
3Cited by15 opinions
- Oklahoma Ry. Co. v. Severns Paving Co.Supreme Court of Oklahoma · 1917
- Texas & Pacific Railway Co. v. City of El PasoTexas Supreme Court · 1935
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- Town of Clayton v. Colorado &. S. Ry. Co.Court of Appeals for the Tenth Circuit · 1931
- Louisville & N. R. R. v. Barber Asphalt Paving Co.Court of Appeals of Kentucky · 1903
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