Legal Opinion

Nelson County v. City of Bardstown

Court of Appeals of Kentucky

Decided February 20, 1907PublishedCited by 7 opinions

CASE 83 — AGREED CASE BETWEEN NELSON COUNTY AND THE CITY OF BARDSTOWN AS TO WHETHER THE CITY OR COUNTY SHALL MAINTAIN A CERTAIN BRIDGE AND TURNPIKE LYING WITHIN THE CITY LIMITS. Appeal from Nelson Circuit Court. C. T.- Atkinson, Special Judge. Prom the judgment the county appeals. AUTHORITIES CITED. 21 Ky. Law Rep., 196, 1634; Ky. Statutes, sec. 1851; Redfield on Negligence, 5th. Ed., sec. 394; 25 Ky.

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CASE 83 — AGREED CASE BETWEEN NELSON COUNTY AND THE CITY OF BARDSTOWN AS TO WHETHER THE CITY OR COUNTY SHALL MAINTAIN A CERTAIN BRIDGE AND TURNPIKE LYING WITHIN THE CITY LIMITS. Appeal from Nelson Circuit Court. C. T.- Atkinson, Special Judge. Prom the judgment the county appeals. AUTHORITIES CITED. 21 Ky. Law Rep., 196, 1634; Ky. Statutes, sec. 1851; Redfield on Negligence, 5th. Ed., sec. 394; 25 Ky. Law Rep., 217. POINTS AND AUTHORITIES. 1. It is the legal duty of- the county to maintain all highways and' bridges within such county, including all bridges and roadways within the cities which…

1Opinion of the Court

*638Opinion op the Court by

Judge Hobson

Reversing.

The fiscal court of Nelson county under the free turnpike act (Ky. Stat., 1903, section 4748b), acquired all the turnpikes in the county by purchase some years ago. One of these pikes leading into the city of Bardstown from the east runs from Bloomfield to Bardstown, and another from Springfield to Bards-town. The eastern boundary of the city of Bardstown from a point on the Town Fork of Stuart’s creek, and the south edge of Duke street, is as follows: “Thence up said Town Fork of Stuart’s creek, with its meanders, to a point opposite the termimls…

2Cases cited5 opinions

  1. Richardson v. BoskeCourt of Appeals of Kentucky · 1901
  2. Leslie County v. WootenCourt of Appeals of Kentucky · 1903
  3. Board of Council v. Fiscal CourtCourt of Appeals of Kentucky · 1899
  4. Clay City v. RobertsCourt of Appeals of Kentucky · 1907
  5. Town of Waupun v. Town of ChesterWisconsin Supreme Court · 1884

3Cited by7 opinions

  1. City of Flemingsburg v. Fleming CountyCourt of Appeals of Kentucky · 1907
  2. City of Clinton v. Hickman CountyCourt of Appeals of Kentucky · 1914
  3. City of Pineville v. Robbins, JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
  4. City of Marion v. ParisCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Bailey v. Carter CountyCourt of Appeals of Kentucky (pre-1976) · 1933

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