Bannon v. Rohmeiser

Decision Date22 March 1890
Citation90 Ky. 48,13 S.W. 444
PartiesBANNON v. ROHMEISER.
CourtKentucky Court of Appeals

Appeal from Louisville law and equity court.

"To be officially reported."

Action by Elizabeth Rohmeiser against Patrick Bannon. There was a judgment for plaintiff, and defendant appeals.

Lane &amp Burnett and John R. M. Polk, for appellant.

O'Neal Jackson & Phelps and John Coakley, for appellee.

LEWIS C.J.

Appellant owns a lot of land in Louisville fronting 95 feet on Thirteenth street, extending west 200 feet to an alley 20 feet wide, and another fronting 180 feet on Fourteenth street, extending east to the same alley both bounded on the south by an alley 40 feet wide that extends from one to the other street. Appellee owns and occupies a small lot likewise fronting on Thirteenth street, and extending to the firstnamed alley, which lies north of, but not adjoining, the lot of appellant; there being between them a small lot belonging to and occupied by another person. April 13, 1888, the general assembly passed the following act: "That the south ninety-five feet of a certain alley in the city of Louisville running north and south between Lexington and Maple streets and Thirteenth and Fourteenth streets be, and the same is hereby, closed as a public highway." Acting upon the right supposed to be conferred by that statute, appellant soon after the enactment took possession of that part of the 20-foot alley described, commenced the erection of a building thereon, part of a large structure used in manufacturing and storing sewer-pipes and terracotta goods, and had dug a cellar in the alley, and progressed with the building thereon two stories high, when, April 21, 1888, appellee instituted this action, and obtained an injunction against obstruction of the alley; and by the judgment appealed from that injunction was made perpetual, and appellant commanded to restore, within 20 days, the alley to its former condition.

That part of it authorized by the act to be closed binds wholly upon land owned by appellant, and the only other injury or inconvenience that can result to appellee besides the possible damage from impediment of surface drainage, easily removed, consists in being denied egress from rear of her premises to the 40-foot alley, and thence to either of the two streets named. But neither of the two alleys has been improved, and both remain in their natural state; and the evidence shows the 40-foot...

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27 cases
  • Hubbell v. City of Des Moines
    • United States
    • United States State Supreme Court of Iowa
    • 2 d6 Outubro d6 1915
    ...the vacation may be reviewed on certiorari or restrained by injunction. So do Railroad v. Railroad, 47 Cal. 528; Bannon's Case, 90 Ky. 48, 13 S. W. 444, 29 Am. St. Rep. 355; and Haynes' Case, 7 Ind. 38 (the last two being approved in Long v. Wilson); Adams' Case, 39 Minn. 286, 39 N. W. 629,......
  • Arcadia Realty Co. v. City of St. Louis., 30198.
    • United States
    • United States State Supreme Court of Missouri
    • 4 d4 Setembro d4 1930
    ...on Eminent Domain, sec. 202; Chicago v. Burkey, 158 Ill. 103; Winnetka v. Clifford. 201 Ill. 475; Gargan v. Railway, 89 Ky. 212; Bannon v. Rohmeier, 90 Ky. 48; Vanderburgh v. Minneapolis. 98 Minn. 329; In re Melon Street, 182 Pa. St. 397; Foust v. Railroad, 212 Pa. St. 213; Johnson v. Railr......
  • Hubbell v. City of Des Moines
    • United States
    • United States State Supreme Court of Iowa
    • 2 d6 Outubro d6 1915
    ...... on certiorari or restrained by injunction. So do. California Pacific R. Co. v. Central Pacific R. Co. ,. 47 Cal. 528; Bannon v. Rohmeiser , (Ky.) 90 Ky. 48,. 13 S.W. 444; and Haynes v. Thomas , 7 Ind. 38 (the. last two being approved in Long v. Wilson ). Adams v. ......
  • Arcadia Realty Co. v. City of St. Louis
    • United States
    • United States State Supreme Court of Missouri
    • 4 d4 Setembro d4 1930
    ...on Eminent Domain, sec. 202; Chicago v. Burkey, 158 Ill. 103; Winnetka v. Clifford, 201 Ill. 475; Gargan v. Railway, 89 Ky. 212; Bannon v. Rohmeier, 90 Ky. 48; Vanderburgh v. Minneapolis, 98 Minn. 329; In re Melon Street, 182 Pa. St. 397; Foust v. Railroad, 212 Pa. St. 213; Johnson v. Railr......
  • Request a trial to view additional results

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