East Tennessee Telephone Co. v. City of Russellville
Court of Appeals of Kentucky
'Case 82 — INJUNCTION AGAINST UNLAWFUL USE OF STREETS APPEAL FROM LOGAN CIRCUIT COURT. 1. The special demurrer to ¿the petition should have been sustained. There is no such corporation as “City of Russellville.” The corporate name is “Mayor and Councilmen of Russellville.” Act of the Gen. Assm., approved- May 1, 1880; Act of Sept. 30, 1892; Ky.
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'Case 82 — INJUNCTION AGAINST UNLAWFUL USE OF STREETS APPEAL FROM LOGAN CIRCUIT COURT. 1. The special demurrer to ¿the petition should have been sustained. There is no such corporation as “City of Russellville.” The corporate name is “Mayor and Councilmen of Russellville.” Act of the Gen. Assm., approved- May 1, 1880; Act of Sept. 30, 1892; Ky. Stats., secs. 2741, 1180, 3615. '2. The court -erred in sustaining a demurrer to the answer; (a) the first paragraph was a traverse of the material allegations of the petition, (b) the affirmative defense relied on in the second paragraph of the answer…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
Previous to the adoption of the present Constitution, the council of a municipal corporation, without legislative authority, could not grant to any person or corporation the right to use the streets and alleys of a city or town t'qr any purpose other than for which they were dedicated. The streets and alleys of a city or town are intended for public travel, and, when an additional servitude is placed upon them, it is in derogation of common right. Ruttles v. City of Covington (10 Ky. Law Rep., 766), [10 S. W., 644]; Com. v. City of Frankfort, 92…
2Cases cited3 opinions
- Western Union Telegraph Co. v. WilliamsSupreme Court of Virginia · 1890
- City of Newport v. Newport Light Co.Court of Appeals of Kentucky · 1886
- Commonwealth v. City of FrankfortCourt of Appeals of Kentucky · 1891
3Cited by6 opinions
- Mills v. . SweeneyNew York Court of Appeals · 1916
- Louisville Bridge Co. v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Court of Appeals for the Sixth Circuit · 1909
- Christian-Todd Telephone Co. v. CommonwealthCourt of Appeals of Kentucky · 1913
- Continental Illinois Nat. Bank & Trust Co. of Chicago v. City of MiddlesboroCourt of Appeals for the Sixth Circuit · 1940
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