McFerran v. Alloway
Court of Appeals of Kentucky
Case 26 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It was competent for the legislature to say that the whole of the Harrod’s Creek precinct “ and all the property therein, taxable for state rexenue purposes” shall be taxed in aid of this railroad, and determine finally whether such property was sufficiently benefited to justify such tax;ation; and where there is a dispute as to such benefits, that dispute is one for legislative and not for judicial…
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Case 26 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It was competent for the legislature to say that the whole of the Harrod’s Creek precinct “ and all the property therein, taxable for state rexenue purposes” shall be taxed in aid of this railroad, and determine finally whether such property was sufficiently benefited to justify such tax;ation; and where there is a dispute as to such benefits, that dispute is one for legislative and not for judicial determination. (Cooley on Taxation, pp. 34, 35; L. & O. R. R. Co. v. Applegate, 8 Dana, 289.1 Assessments for streets are not…
1Opinion of the CourtChief Justice Pryor
The evidence in this case shows that the appellee is the owner and cultivates the island known as Six-mile Island, situated in the Ohio River, a short distance above the city of Louisville. The island is much nearer the Indiana than the Kentucky shore, and the usual place for landing from the island is on the Indiana side of the river. It is shown that navigation between the island and the Kentucky shore is difficult and often dangerous, and the residents on the island have *582but little if ar#y communication with those living on the Kentucky shore, because of the difficulty in landing and the…
2Cited by4 opinions
- City of Ludlow v. Trustees of Cincinnati Southern RailwayCourt of Appeals of Kentucky · 1880
- Adams v. FisherCourt of Appeals of Texas · 1888
- City of Ludlow v. Cin. Southern R. R.Court of Appeals of Kentucky · 1880
- City of Ludlow v. Cin. Southern R. R.Court of Appeals of Kentucky · 1880