Legal Opinion

Terrell v. City of Paducah

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 5 opinions

CASE 38. — ACTION BY ED C. TERRELL AGAINST THE CITY OE PADUCAH AND OTHERS TO ENFORCE A LIEN FOR STREET IMPROVEMENTS. — March 14. Appeal from.' McCracken Circuit Court. L. D. Husbands, Circuit Judge. Judgment for defendants. Plaintiff appeals.

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CASE 38. — ACTION BY ED C. TERRELL AGAINST THE CITY OE PADUCAH AND OTHERS TO ENFORCE A LIEN FOR STREET IMPROVEMENTS. — March 14. Appeal from.' McCracken Circuit Court. L. D. Husbands, Circuit Judge. Judgment for defendants. Plaintiff appeals. POINTS DISCUSSED AND AUTHORITIES CITED. 1. Whether the city of Paducah is liable for a street improvement in an action by the contractor against the property owner and the city, on a contract made between the contractor' and the city, under a defective ordinance therefor, in the trial of which it is adjudged that the property owner is only partly liable…

1Opinion of the Court

OpiNioN op the Court by

Judge O’Bear.

— Bevers-ing.

On July 17, 1899, the city council of Padncah adopted the following ordinance:

“Section 1. That Washington street he improved by grading and graveling the same from First street to low-water mark at river in accordance with ordinances Nos. 38 and 39 of the Bevised Ordinances of the city of Padncah, and charter of cities of the third class governing such improvements'.
“Sec. 2. Said grading and graveling shall be done at the exclusive cost of the owners of ground fronting on Washington street -between First street and low-water mark; the city of…

2Cases cited7 opinions

  1. Rich v. HotchkissSupreme Court of Connecticut · 1844
  2. Craycraft v. SelvageCourt of Appeals of Kentucky · 1874
  3. Barber Asphalt Paving Co. v. GarrCourt of Appeals of Kentucky · 1903
  4. Caldwell v. RupertCourt of Appeals of Kentucky · 1873
  5. City of Louisville v. HyattCourt of Appeals of Kentucky · 1844

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Schick v. City of CincinnatiOhio Supreme Court · 1927
  2. Natcher v. City of Bowling GreenCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Freese v. City of PierreSouth Dakota Supreme Court · 1916
  4. City of Henderson v. Andrews Asphalt Paving Co.Court of Appeals of Kentucky (pre-1976) · 1928
  5. Griffa v. MonmouthOregon Supreme Court · 1920

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