RIDDLE v. CITY OF PROVIDENCE

No. 88-CA-2688-MR.

781 S.W.2d 41 (1989)

Willie Mae RIDDLE, Executrix of Wallace E. Riddle Estate, Appellant, v. CITY OF PROVIDENCE, Appellee.

Court of Appeals of Kentucky.

December 15, 1989.


Attorney(s) appearing for the Case

Steve P. Robey, Providence, for appellant.

Stephen R. Dunn, Providence, for appellee.

Before GUDGEL, HOWARD and WEST, JJ.


GUDGEL, Judge:

This is an appeal from a judgment entered by the Webster Circuit Court. The sole issue on appeal is whether the trial court erred by finding that a passageway constructed by appellee city over a creek located on a farm satisfied the city's duty, created through an easement, to erect a "bridge." For the reasons set out below, we conclude that the court's finding is clearly erroneous. Hence, we reverse and remand.

During the 1960's Owens Creek...

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