Strauss v. City of Louisville
Court of Appeals of Kentucky
Case 20 — Action of Catherine Strauss Against City or Louisville, &c., to Recover Damages for a Nuisance — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. 1. Property owners have no right, in constructing a building, to so obstruct tbe street or sidewalk, as to endanger tbe safety of those passing along the highway. Matbeny v. Wolffs, 2 Duval, 137; Markham v. Baumeister Bro., 19 Ky.
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Case 20 — Action of Catherine Strauss Against City or Louisville, &c., to Recover Damages for a Nuisance — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. 1. Property owners have no right, in constructing a building, to so obstruct tbe street or sidewalk, as to endanger tbe safety of those passing along the highway. Matbeny v. Wolffs, 2 Duval, 137; Markham v. Baumeister Bro., 19 Ky. Law Rep., 308; Story v. Railway Co., 90 New York, 122; Kittinger v. Railway Co., 59 N. Y., 208; Hume v. Mayor, 74 N. Y., 264; Cohen v. Mayor, 113 N. Y.,…
1Opinion of the Court
Opinion op the court by
JUDGE BURN AM
Affirming.
Appellant seeks a reversal of -the judgment of the lower court sustaining separate demurrers in behalf of ap-pellees to her original and amended petitions. The facts on which she bases her claim for recovery, as set up in her petition, are as follows: She says that the defendant Henning was the owner of a lot on the east side of Fourth street between Park and Magnolia avenues, and was erecting a residence thereon, in September, 1897, under a contract with her co-defendant Meriwether; that the pavement in front of this lot was in a dangerous and…
2Cases cited4 opinions
- De Forrest v. WrightMichigan Supreme Court · 1852
- Baumeister v. MarkhamCourt of Appeals of Kentucky · 1897
- Robinson v. WebbCourt of Appeals of Kentucky · 1875
- Matheny v. WolffsCourt of Appeals of Kentucky · 1865
3Cited by7 opinions
- Louisville N. R. Co. v. LittleCourt of Appeals of Kentucky (pre-1976) · 1936
- Bonet v. Municipio de BarcelonetaSupreme Court of Puerto Rico · 1963
- Blue Grass Mining Co. v. NorthCourt of Appeals of Kentucky (pre-1976) · 1936
- Smith v. Bank of Commerce & Trust Co.Tennessee Supreme Court · 1916
- Blue Grass Mining Co. v. StamperCourt of Appeals of Kentucky (pre-1976) · 1937
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