City of Louisville v. Am. Stand. Asp. Co.
Court of Appeals of Kentucky
CASE 59. — CITY OF LOUISVILLE AGAINST AMERICAN STANDARD ASPHALT CO., AND BY SAID ASPHALT COMPANY AGAINST CAROLINE SCHUSTER, &C., ON APPORTIONMENT WARRANTS FOR STREET. IMPROVEMENTS. Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Judge. From a judgment against the city, it appeals, and from a judgment in favor of Schuster the Asphalt Company appeals.
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CASE 59. — CITY OF LOUISVILLE AGAINST AMERICAN STANDARD ASPHALT CO., AND BY SAID ASPHALT COMPANY AGAINST CAROLINE SCHUSTER, &C., ON APPORTIONMENT WARRANTS FOR STREET. IMPROVEMENTS. Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Judge. From a judgment against the city, it appeals, and from a judgment in favor of Schuster the Asphalt Company appeals. AUTHORITIES. 1. History of said charter provision, enacted March 5, 1870, Acts 1869-70, page 90, specifically repealed April 1, 1886, Acts 1885-6, page 1153. Re-enacted July,. 1893, and now in present…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Reversing.
The general connoil of the city of Louisville enacted: an ordinance for-the original construction of Rosewood avenue, between Baxter and Von Borries ave^ nues, with asphalt. The body of the ordinance is as follows:
“Be it ordained by the general council of the city of Louisville
“That the carriageway of Rosewood avenue from.' the southwest line of Baxter avenue to the northeast line of Von Borries avenue, shall he thirty-six (36) feet in width, and shall he improved by grading, curbing, and paving with asphalt pavement, in accordance with the plans…
2Cases cited5 opinions
- Preston v. RobertsCourt of Appeals of Kentucky · 1877
- Craycraft v. SelvageCourt of Appeals of Kentucky · 1874
- Cooper v. NevinCourt of Appeals of Kentucky · 1890
- Orth v. R. B. Park & Co.Court of Appeals of Kentucky · 1904
- Loeser v. ReddCourt of Appeals of Kentucky · 1878
3Cited by7 opinions
- Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
- Gilsonite Roofing & Paving Co. v. St. Louis Fair Ass'nSupreme Court of Missouri · 1910
- Robertson v. Southern Bitulithic Co.Court of Appeals of Kentucky · 1921
- Long v. Barber Asphalt Paving Co.Court of Appeals of Kentucky · 1912
- Comley v. Am. Standard Asphalt Co.Court of Appeals of Kentucky · 1908
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