Stone v. Burkhead

Decided December 18, 1914

Court of Appeals of Kentucky · decided 1914-12-18

<p>Easements — Obstruction of Passway — Nuisance.—Nothing in tbe • opinion in this case (160 Ky., 47),,was intended to require removal of tbe blacksmith shop, tbe structure itself not being a nuisance. Tbe injunction bad no reference to carrying on the business within tbe shop itself.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1914-12-18

How this case has been cited

Cited by 6 later decisions — most recently December 1937

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion Extended and Petition eor Rehearing Overruled, by

Judge Turner.

¶2Nothing in the opinion of the court was intended to require appellee to remove his blacksmith shop, it being our understanding that the structure itself was in no sense an obstruction of the passway. .

¶3The injunction as to the shoeing of horses applied only to a small part of appellee’s lot in front of and near the storehouse, and described in the judgment, and had no reference to his carrying on his business in the usual way within the blacksmith shop itself.

¶4The petition for rehearing is overruled.