has adopted rule in Kentucky

1977In Ormsby v. City of London, 220 Ky. 148, 149 , 294 S.W. 1025 (1927) the court stated: This court has adopted the rule that a property owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1977In Ormsby v. City of London, 220 Ky. 148, 149 , 294 S.W. 1025 (1927) the court stated: This court has adopted the rule that a property owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1952McHargue v. Conrad et al., 312 Ky. 434 , 227 S.W.2d 977 ; Lindon v. Potter, 306 Ky. 511 , 208 S.W. 2d 515 ; Choate v. Farrar Lumber Co., 189 Ky. 271 , 224 S.W. 1045 .

1952McHargue v. Conrad et al., 312 Ky. 434 , 227 S.W.2d 977 ; Lindon v. Potter, 306 Ky. 511 , 208 S.W. 2d 515 ; Choate v. Farrar Lumber Co., 189 Ky. 271 , 224 S.W. 1045 .

1952McHargue v. Conrad et al., 312 Ky. 434 , 227 S.W.2d 977 ; Lindon v. Potter, 306 Ky. 511 , 208 S.W. 2d 515 ; Choate v. Farrar Lumber Co., 189 Ky. 271 , 224 S.W. 1045 .

1952McHargue v. Conrad et al., 312 Ky. 434 , 227 S.W.2d 977 ; Lindon v. Potter, 306 Ky. 511 , 208 S.W. 2d 515 ; Choate v. Farrar Lumber Co., 189 Ky. 271 , 224 S.W. 1045 .

1952McHargue v. Conrad et al., 312 Ky. 434 , 227 S.W.2d 977 ; Lindon v. Potter, 306 Ky. 511 , 208 S.W. 2d 515 ; Choate v. Farrar Lumber Co., 189 Ky. 271 , 224 S.W. 1045 .

1952McHargue v. Conrad et al., 312 Ky. 434 , 227 S.W.2d 977 ; Lindon v. Potter, 306 Ky. 511 , 208 S.W. 2d 515 ; Choate v. Farrar Lumber Co., 189 Ky. 271 , 224 S.W. 1045 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Commonwealth v. Temple, 239 Ky. 188 , 39 S.W.2d 228, 229 .

1951Commonwealth v. Temple, 239 Ky. 188 , 39 S.W.2d 228, 229 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1951Owen Motor Freight Lines v. Russell’s Adm’r, 260 Ky. 795 , 86 S.W.2d 708 ; Major v. Rudolph, 218 Ky. 1 , 290 S.W. 688 ; Louisville Taxicab & Transfer Co. v. Ramey, 222 Ky. 286 , 300 S.W. 890 ; Moreland’s Adm’r v. Stone, 292 Ky. 521 , 166 S.W.2d 998 .

1949“In the Scott (Scott v. Scott, 172 Ky. 658 , 190 S. W. 143 ) and Baker (Baker v. Baker, 191 Ky. 325 , 230 S. W. 293 ) Cases, supra, and many others referred to therein, it is shown that this court has adopted the rule of construction, as applying to a deed or will made by a near relative to a named parent and his or her children, as conveying a life interest to the named parent, with remainder to his or her children; but this rule, like others, will surrender to a different intention, as gathered according to the rules, supra. So that, in its last analysis, every case must depend largely upon

1949“In the Scott (Scott v. Scott, 172 Ky. 658 , 190 S. W. 143 ) and Baker (Baker v. Baker, 191 Ky. 325 , 230 S. W. 293 ) Cases, supra, and many others referred to therein, it is shown that this court has adopted the rule of construction, as applying to a deed or will made by a near relative to a named parent and his or her children, as conveying a life interest to the named parent, with remainder to his or her children; but this rule, like others, will surrender to a different intention, as gathered according to the rules, supra. So that, in its last analysis, every case must depend largely upon

1949“In the Scott (Scott v. Scott, 172 Ky. 658 , 190 S. W. 143 ) and Baker (Baker v. Baker, 191 Ky. 325 , 230 S. W. 293 ) Cases, supra, and many others referred to therein, it is shown that this court has adopted the rule of construction, as applying to a deed or will made by a near relative to a named parent and his or her children, as conveying a life interest to the named parent, with remainder to his or her children; but this rule, like others, will surrender to a different intention, as gathered according to the rules, supra. So that, in its last analysis, every case must depend largely upon

1949“In the Scott (Scott v. Scott, 172 Ky. 658 , 190 S. W. 143 ) and Baker (Baker v. Baker, 191 Ky. 325 , 230 S. W. 293 ) Cases, supra, and many others referred to therein, it is shown that this court has adopted the rule of construction, as applying to a deed or will made by a near relative to a named parent and his or her children, as conveying a life interest to the named parent, with remainder to his or her children; but this rule, like others, will surrender to a different intention, as gathered according to the rules, supra. So that, in its last analysis, every case must depend largely upon

1949“In the Scott (Scott v. Scott, 172 Ky. 658 , 190 S. W. 143 ) and Baker (Baker v. Baker, 191 Ky. 325 , 230 S. W. 293 ) Cases, supra, and many others referred to therein, it is shown that this court has adopted the rule of construction, as applying to a deed or will made by a near relative to a named parent and his or her children, as conveying a life interest to the named parent, with remainder to his or her children; but this rule, like others, will surrender to a different intention, as gathered according to the rules, supra. So that, in its last analysis, every case must depend largely upon

1949“In the Scott (Scott v. Scott, 172 Ky. 658 , 190 S. W. 143 ) and Baker (Baker v. Baker, 191 Ky. 325 , 230 S. W. 293 ) Cases, supra, and many others referred to therein, it is shown that this court has adopted the rule of construction, as applying to a deed or will made by a near relative to a named parent and his or her children, as conveying a life interest to the named parent, with remainder to his or her children; but this rule, like others, will surrender to a different intention, as gathered according to the rules, supra. So that, in its last analysis, every case must depend largely upon

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1943Piney Oil & Gas Company v. Allen, 235 Ky. 767 , 32 S. W. (2d) 325 ; Cook v. McKee, 235 Ky. 1 , 29 S. W. (2d) 571 ; Riner v. Catron, 230 Ky. 290 , 19 S. W. (2d) 970 ; Barton v. Jones, 206 Ky. 238 , 267 S. W. 214 .

1938So was its election between the different holdings made in these two lines of differing authorities announced by us in the case of Brumleve v. Cronan, 176 Ky. 818 , 197 S. W. 498 , where we said, in an opinion delivered by Judge Hurt, that [page 505]: “The doctrine does not prevail in this jurisdiction, which holds that, although a defendant objects in every possible way to the court assuming jurisdiction of his person, that when his objections are overruled and he pleads to the merits of the action, or does any act which constitutes a defense upon the merits, that he should be considered as h

1938So was its election between the different holdings made in these two lines of differing authorities announced by us in the case of Brumleve v. Cronan, 176 Ky. 818 , 197 S. W. 498 , where we said, in an opinion delivered by Judge Hurt, that [page 505]: “The doctrine does not prevail in this jurisdiction, which holds that, although a defendant objects in every possible way to the court assuming jurisdiction of his person, that when his objections are overruled and he pleads to the merits of the action, or does any act which constitutes a defense upon the merits, that he should be considered as h

1931Douglas v. Stokes, 149 Ky. 506 , 149 S. W. 849 , 42 L.

1931Douglas v. Stokes, 149 Ky. 506 , 149 S. W. 849 , 42 L.

1929R. 773, we said: This court has adopted the rule . . . that a consequential injury caused by blasting resulting from the concussion of the atmosphere, sound or otherwise, gives no cause of action against the one doing the blasting unless it is shown that the work was done negligently and that the injury was the result of negligence and not the result of blasting-according to the usual methods and with reasonable care. ’ ’ Among other cases so holding are Heiber v. Central Kentucky Traction Co., 145 Ky. 108 , 140 S. W. 54 , 36 L.

1929R. 773, we said: This court has adopted the rule . . . that a consequential injury caused by blasting resulting from the concussion of the atmosphere, sound or otherwise, gives no cause of action against the one doing the blasting unless it is shown that the work was done negligently and that the injury was the result of negligence and not the result of blasting-according to the usual methods and with reasonable care. ’ ’ Among other cases so holding are Heiber v. Central Kentucky Traction Co., 145 Ky. 108 , 140 S. W. 54 , 36 L.

1929Grainger v. Jenkins, 156 Ky. 257 , 160 S. W. 926 , L.

1929Grainger v. Jenkins, 156 Ky. 257 , 160 S. W. 926 , L.

1927Realty Savings Co. v. Southern Asphaltoilene Road Co., 180 Ky. 242 ( 202 S. W. 679 ); City of Louisville v. Gast, 118 Ky. 570 ( 81 S. W. 693 ); Richardson v. Mehler, 111 Ky. 408 (63 S W. 957); Mudge v. Walker, 122 Ky. 29 ( 90 S. W. 1046 ) ” This court has adopted the rule .that a property Owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1927Realty Savings Co. v. Southern Asphaltoilene Road Co., 180 Ky. 242 ( 202 S. W. 679 ); City of Louisville v. Gast, 118 Ky. 570 ( 81 S. W. 693 ); Richardson v. Mehler, 111 Ky. 408 (63 S W. 957); Mudge v. Walker, 122 Ky. 29 ( 90 S. W. 1046 ) ” This court has adopted the rule .that a property Owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1927Realty Savings Co. v. Southern Asphaltoilene Road Co., 180 Ky. 242 ( 202 S. W. 679 ); City of Louisville v. Gast, 118 Ky. 570 ( 81 S. W. 693 ); Richardson v. Mehler, 111 Ky. 408 (63 S W. 957); Mudge v. Walker, 122 Ky. 29 ( 90 S. W. 1046 ) ” This court has adopted the rule .that a property Owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1927Realty Savings Co. v. Southern Asphaltoilene Road Co., 180 Ky. 242 ( 202 S. W. 679 ); City of Louisville v. Gast, 118 Ky. 570 ( 81 S. W. 693 ); Richardson v. Mehler, 111 Ky. 408 (63 S W. 957); Mudge v. Walker, 122 Ky. 29 ( 90 S. W. 1046 ) ” This court has adopted the rule .that a property Owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1927Realty Savings Co. v. Southern Asphaltoilene Road Co., 180 Ky. 242 ( 202 S. W. 679 ); City of Louisville v. Gast, 118 Ky. 570 ( 81 S. W. 693 ); Richardson v. Mehler, 111 Ky. 408 (63 S W. 957); Mudge v. Walker, 122 Ky. 29 ( 90 S. W. 1046 ) ” This court has adopted the rule .that a property Owner cannot stand by and see a contractor improve the streets in front of his place under a contract with the city, until after the work has been completed and accepted by the city, and then attack the proceedings under which the work was done for irregularities which do not render the proceedings void.

1926North Jellico Coal Company v. Helton, 187 Ky. 394 ; New Domain Oil and Gas Company v. McKinney, 188 Ky. 186 ; White, Mine and Mineral Remedies Sec. 568; Bolles Woodenware Co. v. United States, 106 U. S. 432 , 1 Sup. Ct. 398; 27 L.

1926North Jellico Coal Company v. Helton, 187 Ky. 394 ; New Domain Oil and Gas Company v. McKinney, 188 Ky. 186 ; White, Mine and Mineral Remedies Sec. 568; Bolles Woodenware Co. v. United States, 106 U. S. 432 , 1 Sup. Ct. 398; 27 L.

1926North Jellico Coal Company v. Helton, 187 Ky. 394 ; New Domain Oil and Gas Company v. McKinney, 188 Ky. 186 ; White, Mine and Mineral Remedies Sec. 568; Bolles Woodenware Co. v. United States, 106 U. S. 432 , 1 Sup. Ct. 398; 27 L.

1925It-is: ‘‘Where injury to realty is permanent, the measure of damage is the depreciation in its market value resulting therefrom. ’’ Toebbe v. City of Covington, 145 Ky. 763 , 141 S. W. 421 ; King v. Board of Council City of Danville, 128 Ky. 321 , 32 R. 1188 , 107 S. W. 1189 ; Fidelity Trust Co. v. Shelbyville Water & Light Co., 110 S. W. 239 , 33 R. 202 .

1925It-is: ‘‘Where injury to realty is permanent, the measure of damage is the depreciation in its market value resulting therefrom. ’’ Toebbe v. City of Covington, 145 Ky. 763 , 141 S. W. 421 ; King v. Board of Council City of Danville, 128 Ky. 321 , 32 R. 1188 , 107 S. W. 1189 ; Fidelity Trust Co. v. Shelbyville Water & Light Co., 110 S. W. 239 , 33 R. 202 .

1925Smith v. Gowdy, 196 Ky. 281 ; Newport News & M.