Home/Court of Appeals of Kentucky/Fidelity Trust & Safety Vault Co. v. Voris' Exrs.

Fidelity Trust & Safety Vault Co. v. Voris' Exrs.

61 S.W. 474, 110 Ky. 315, 1901 Ky. LEXIS 92
Court of Appeals of Kentucky·Decided March 15, 1901·Published·Cited by 3 cases

Opinion

[317] Opinion op the court by

JUDGE HOBSON

Reversing.

On February 1.4, 1894, the general council of the city of Louisville passed an ordinance fixing the grade of Third street from the south line of Brandéis street to the north line of K streeet extended, and ordering the improvement of the carriage way 42 feet in width from a line 106 feet south of Brandéis avenue to the north line of K street. The territory contiguous to the improvement was mot defined into squares by principal streets, and the council, by ordinance, provided that the cost of the improvement should be laid upon the property lying on either side of the street to be improved, and within 200 feet of it. The improvement was made under the ordinance, and this suit was filed by the contractor to enforce his lien upon the property for his work. Third street runs substantially north and south. About 106 feet south ■of Brandéis avenue it forks. The west fork is known as “Old Third Street,” or “Park Place,” and has been a traveled way maintained by the city for many years. The east fork, known in the record as “New Third Street,” is the street ordered to be constructed. Appellant’s property’ on which the burden of this improvement was placed by the ordinance, lies west of Old Third street, or Park Place; and between it and the improvement is the street in. front of it, and also a lot of ground belonging to the Louisville Industrial School of Reform. It is insisted for appellants that the cost of the improvement can not be assessed against their property, as they do not front upon it, and that as the cost of maintaining the street in front of them, as well as part of the cost of maintaining Fourth street and Brandéis avenue, falls upon them, if they can also be assessed for the improvement of New Third street they [318] may be assessed1 for three streets running substantially north and south. The situation is shown in the following map:

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Fidelity Trust & Safety Vault Co. v. Voris' Exrs., 61 S.W. 474, 110 Ky. 315, 1901 Ky. LEXIS 92 (Ky. Ct. App. 1901).

61 S.W. 474 (Fidelity Trust & Safety Vault Co. v. Voris' Exrs.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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