L. & N.R.R. CO. v. BARBER ASPHALT CO.

No. 170.

197 U.S. 430 (1905)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. BARBER ASPHALT PAVING COMPANY.

Supreme Court of United States.

Decided April 3, 1905.


Attorney(s) appearing for the Case

Mr. Helm Bruce, with whom Mr. James P. Helm and Mr. T.K. Helm were on the brief, for plaintiff in error.

Mr. William Furlong and Mr. A.E. Richards, with whom Mr. Benjamin F. Washer was on the brief, for defendants in error.


MR. JUSTICE HOLMES delivered the opinion of the court.

This is a proceeding under the Kentucky Statutes, § 2834, to enforce a lien upon a lot adjoining a part of Frankfort avenue, in Louisville, for grading, curbing and paving with asphalt the carriage way of that part of the avenue. The defendant, the plaintiff in error, pleaded that its only interest in the lot was a right of way for its main roadbed, and that neither...

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