Louisville & Nashville Railroad v. Barber Asphalt Paving Co.

This is a proceeding under the Kentucky Statutes, § 2834, to enforce a lien upon a lot adjoining a part of Frankfort avenue, in Louisville, for grading, curbing and paving with asphalt the carriageway of that part of the avenue. The defendant, the plaintiff in error, pleaded, that its only interest in'the lot was a right of way for its main roadbed, and that neither the right of way nor the lot would or could- get any benefit from the improvement, but on the contrary rather would be hurt by the increase of travel close to the defendant’s tracks. On- this ground it set up that any special…