City Maysville v. Maysville St. Ry. & Tr. Co.
Court of Appeals of Kentucky
CASE 67. — ACTION BY CITY OF MAYSVILLE AGAINST THE MAYSVILLE STREET RAILROAD & TRANSFER CO TO ENFORCE PAYMENT OF A TAN FOR A STREET IMPROVEMENT. — Appeal from Mason Circuit Court. J. P. Harbeson, Circuit Judge.
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CASE 67. — ACTION BY CITY OF MAYSVILLE AGAINST THE MAYSVILLE STREET RAILROAD & TRANSFER CO TO ENFORCE PAYMENT OF A TAN FOR A STREET IMPROVEMENT. — Appeal from Mason Circuit Court. J. P. Harbeson, Circuit Judge. Prom the judgment the plaintiff appeals — 1. It is the contention of the appellant that the language of the ordinance and in the various sections of the statutes relative to the improvement of streets by original construction, 'and that by the language used the legislative intent was, that all real estate touching the improvement should bear its equitable part of the cost of the…
1Opinion of the Court
Opinion of the Court by
Judge Barker
Affirming.
On. April 26, 1906, the city council of Maysville passed an ordinance for constructing with brick Second street from the west margin of Wall to the east margin of Market street; and Third street from the west margin of Wall to the east margin of Bridge street, at the exclusive cost of the owners of the lots and parts of lots or land fronting or abutting or bordering thereon, pursuant to section 3572, Ky. St. 1903. The language of the ordinance describing the property that should bear the cost of the improvement is identical with the language of the…
2Cases cited3 opinions
- City of Ludlow v. Trustees of Cincinnati Southern RailwayCourt of Appeals of Kentucky · 1880
- Figg v. Louisville & N. R. R.Court of Appeals of Kentucky · 1903
- Louisville & N. R. R. v. Barber Asphalt Paving Co.Court of Appeals of Kentucky · 1903
3Cited by12 opinions
- Commonwealth v. Southern Railway CompanyCourt of Appeals of Kentucky · 1921
- City of Maysville v. DavisCourt of Appeals of Kentucky · 1915
- City of Newport v. SilvaCourt of Appeals of Kentucky · 1911
- Reeves v. Fidelity Columbia Trust Co., Etc.Court of Appeals of Kentucky (pre-1976) · 1942
- Commonwealth Ex Rel. Martin v. Tom Moore Distillery Co.Court of Appeals of Kentucky (pre-1976) · 1939
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