City of Owensboro v. Hope
Court of Appeals of Kentucky
CASE 55 — ACTION BY NICHOLAS HOPE AGAINST THE CITY OF OWNESBORO FOR DAMAGES IN LOWERING STREET OPPOSITE HIS PROPERTY. — Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for plaintiff.
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CASE 55 — ACTION BY NICHOLAS HOPE AGAINST THE CITY OF OWNESBORO FOR DAMAGES IN LOWERING STREET OPPOSITE HIS PROPERTY. — Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals — POINTS AND AUTHORITIES: 1. Chancellor may ábate public nuisance: A city having required by appropriate ordinances the excavation necessary to conform to the grade and construction of side walks as required, and .the property holders on both sides of defendants’ lot® having-complied, and defendants leaving a dangerous obstruction in the-street in violation of the laV,…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Reversing.
This action at law was filed int the Daviess circuit court by appellee Hope against the city of Owensboro for the recovery of damages alleged to have been sustained by him1 by the lowering of the established grade in constructing a macadam roadway opposite his prop*527erty. The plaintiff’s lot fronts on the east side of Clay street, and fronts 40 feet, extending back east, and was used as a residence. In building the new street, on the new grade, it is alleged the street was lowered 3% feet, and that he had shade trees in front of his house on…
2Cases cited6 opinions
- City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- Keasy v. City of LouisvilleCourt of Appeals of Kentucky · 1836
- Wood v. DavisSupreme Court of the United States · 1812
- City of Louisville v. Louisville Rolling Mill Co.Court of Appeals of Kentucky · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Ashland v. QueenCourt of Appeals of Kentucky (pre-1976) · 1934
- Ewing v. City of LouisvilleCourt of Appeals of Kentucky · 1910
- City of Hazard v. EversoleCourt of Appeals of Kentucky (pre-1976) · 1931
- Gernert v. City of LouisvilleCourt of Appeals of Kentucky · 1913
- Bayes v. Town of PaintsvilleCourt of Appeals of Kentucky · 1915
13 more not listed; retrieve them via the Exa API.