Legal Opinion

Orth v. R. B. Park & Co.

Court of Appeals of Kentucky

Decided March 3, 1904Published

Case 93 — Suits by R. B. Park & Co. against Katherine Orth, AGAINST THE CITY OF LOUISVILLE AND AGAINST THE L. & N. R. R. Co. to Enforce Apportionment Warrants. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. In the First 'Suit Katherine Orth, &c. Appeal, in the Second, Park & Co. Appeal, and in the Third, L. & N. R. R. Co. Appeals.

1Opinion

Response by Judge Hobson

to petition for rehearing:

In the case of William Speeht v. Barber Asphalt Company (this day decided) 26 R., 193, 80 S. W., 1106, it was held, following Cooper v. Nevin, 90 Ky., 90, 11 R., 875, 13 S.W., 841, that, to produce equality of burden contemplated by the statute, cross-streets will be extended so as to intersect the street improved. The chancellor ofdered the commissioner to charge the quarter squares contiguous to the improvement according to the rule laid down in the. statute. The presumption is the commissioner did his duty, and that the judgment of the…

2Cases cited9 opinions

  1. Fehler v. GosnellCourt of Appeals of Kentucky · 1896
  2. Meyer v. City of CovingtonCourt of Appeals of Kentucky · 1898
  3. Cooper v. NevinCourt of Appeals of Kentucky · 1890
  4. Ross v. Wilson, Peter & Co.Court of Appeals of Kentucky · 1869
  5. Sumrall v. ReidCourt of Appeals of Kentucky · 1834

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