Warden v. Madisonville, H. & E. R. R.
Court of Appeals of Kentucky
CASE 72. — CONDEMNATION PROCEEDING BY THE MADISON-VILLE, HARTFORD & EASTERN R. R. CO., AGAINST LAND OF W. M. WARDEN. Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Defendant appealed from the county court to the circuit court, and from the judgment of the circuit court.
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CASE 72. — CONDEMNATION PROCEEDING BY THE MADISON-VILLE, HARTFORD & EASTERN R. R. CO., AGAINST LAND OF W. M. WARDEN. Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Defendant appealed from the county court to the circuit court, and from the judgment of the circuit court. SYNOPSIS OP POINTS DISCUSSED. 1. The motion of appellant for a change of venue should have been sustained. 2. The lower court erred in sustaining appellee’s demurrer to appellant o exceptions. 3. It was error to limit appellant to the right to introduce four witnesses, only, on the trial of this action. 4. The…
1Opinion of the Court
*647Opinion op the Court by
Judge Hobson
Beversing.
The Madisonville, Hartford & Eastern Bailroad Company filed its petition in the Ohio county court to condemn for its right of way a strip of land across the farm of W. M. Warden containing something over nine acres. Commissioners were appointed, who assessed the damages at $269. Warden filed exceptions to the commissioners’ report, and also filed affidavits and petition for a change of venue. The county court overruled the motion for a change of venue. A jury was impaueled who, after hearing the evidence and viewing the premises, fixed the damages…
2Cases cited4 opinions
- Tracy v. Elizabethtown, Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1882
- Walton v. RileyCourt of Appeals of Kentucky · 1887
- Reed v. Louisville Bridge Co.Court of Appeals of Kentucky · 1871
- Gill's Adm'x v. Kentucky & Colorado Gold & Silver Mining Co.Court of Appeals of Kentucky · 1870
3Cited by9 opinions
- Brashears v. CombsCourt of Appeals of Kentucky · 1917
- Louisville & N. R. Co. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1918
- May v. FergusonCourt of Appeals of Kentucky · 1909
- Warden v. Madisonville, H. & E. R. R.Court of Appeals of Kentucky · 1908
- Pierce v. CrispCourt of Appeals of Kentucky (pre-1976) · 1937
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