Bradbury v. Walton
Court of Appeals of Kentucky
Case 24 — PETITION EQUITY — 1. So far as the rights of abutting property owners are concerned, there is no difference between the streets of a city and the public roads of a county. Both are public highways, and in each case the abutting property owner has an inviolable right to the unobstructed use of the contiguous highway, of which he can not be deprived without just compensation.
Read the full summary
Case 24 — PETITION EQUITY — 1. So far as the rights of abutting property owners are concerned, there is no difference between the streets of a city and the public roads of a county. Both are public highways, and in each case the abutting property owner has an inviolable right to the unobstructed use of the contiguous highway, of which he can not be deprived without just compensation. (Transylvania University v. City of Lexington, 3 B. M., 25; G-argan, &c., v. Railroad Co., 89 Ky., 212; Bannon v. Rohmeiser, 90 Ky.. 48; Elliott on Roads and Streets, p. 662.) 2. If the statute (General Stats,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Tlie contention, by tlie appellant in this case is, that the statute authorizing the county court to close lateral roads, or what is known as ordinary highways, when running within a certain distance of a turnpike road (one mile), is unconstitutional. It appears from tlie petition filed, in which it is alleged that the closing of a lateral road by the defendants was an interference with the right of the appellant to pass from one part of his land to another, that the road had *165been ordered closed by the county court of Mason in a proceeding under…
2Cases cited1 opinion
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
3Cited by20 opinions
- State v. HoblittMontana Supreme Court · 1930
- Department of Highways v. JacksonCourt of Appeals of Kentucky (pre-1976) · 1957
- Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
- Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Long v. WilsonSupreme Court of Iowa · 1903
15 more not listed; retrieve them via the Exa API.