 Kentucky said in discussing the rights of abutting owners to the use of a street, that "if it should appear that such use encroaches on any private right, or obstructs the reasonable use and enjoyment of the street, by any person who has an equal right...  American Railroad Journal - Page 1131840Full view - About this book
 | 1886 - 844 pages
...as deciding that we are satisfied that the use of the railway, as hitherto made, in Louisville, was not in any respect a nuisance. All we have decided,...highway. The railroad company having made its answer a cross-bill, and prayed lor damages sustained by it, in consequence of the injunction, the chancellor,... | |
 | Kentucky. Court of Appeals - 1875 - 924 pages
...streets by legislative authority, that if it should appear that such use was being made of a street as "encroaches on any private right, or obstructs the...the street by any person who has an equal right to use it, we shall be ready to enjoin all such wrongful appropriation of the highway." (8 Dana, 310.)... | |
 | California. Supreme Court - 1906 - 772 pages
...discussing the rights of abutting owners to the use of a street, that "if it should appear that such use encroaches on any private right, or obstructs the...enjoin all such wrongful appropriation of the highway." On this subject, see Elliott on Roads and Streets, 526, 527, 537, and cases cited in notes. Upon the... | |
 | California. District Courts of Appeal - 1907 - 932 pages
...Lexington etc. RR Co. v. Applegate, 8 Dana, 310, [33 Am. Dec. 497] : "If it should appear that such use encroaches on any private right, or obstructs the...enjoin all such wrongful appropriation of the highway." And it is added: "Upon the facts appearing in this case, we are of the opinion that the reasonable... | |
 | 1907 - 916 pages
...Lexington etc. RR Co. v. Applcgate, 8 Dana, 310, [33 Am. Dec. 497] : "If it should appear that such use encroaches on any private right, or obstructs the...enjoin all such wrongful appropriation of the highway." And it is added: "Upon the facts appearing in this case, we are of the opinion that the reasonable... | |
 | 1895 - 1230 pages
...legislative and municipal authority, said, If It should appear that such use was being made of same as "encroaches on any private right or obstructs the...the street by any person who has an equal right to use it, we shall be ready to enjoin all such wrongful appropriation of the highway." This doctrine... | |
 | California. Supreme Court - 1906 - 790 pages
...discussing the rights of abutting owners to the use of a street, that "if it should appear that such use encroaches on any private right, or obstructs the...enjoin all such wrongful appropriation of the highway." On this subject, see Elliott on Roads and Streets, 526, 527, 537, and cases cited in notes. Upon the... | |
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