Legal Opinion

Asher v. L. & N. R. R.

Court of Appeals of Kentucky

Decided June 16, 1888PublishedCited by 13 opinions

Case 59 — APPEAL APPEAL PROM BELL CIRCUIT COURT. 1. The provisions of the statute that a railroad company may, on an appeal from the judgment of a county court condemning land, execute bond and take possession of the property sought to be condemned, is unconstitutional. (Constitution of Ky., art. 13, chap. 3, sec. 14; Gen. Stats., chap. 18b, sec. 7, p. 283; Covington S. E. T, Ey.

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Case 59 — APPEAL APPEAL PROM BELL CIRCUIT COURT. 1. The provisions of the statute that a railroad company may, on an appeal from the judgment of a county court condemning land, execute bond and take possession of the property sought to be condemned, is unconstitutional. (Constitution of Ky., art. 13, chap. 3, sec. 14; Gen. Stats., chap. 18b, sec. 7, p. 283; Covington S. E. T, Ey. Co. v. Piel, MS. Op., May 24, 1888, Law Rep., vol. 8, p. 449.) 2. The expression used in the Constitution, “ compensation previously made,” means an actual payment made antecedent to taking possession under the…

1Opinion of the CourtChief Justice Peyoe

The appellee, The Louisville and Nashville Railroad Company, in the construction of the Cumberland and Valley Branch of its road, in the county of Bell, found it necessary to condemn a strip of the appellant’s land for that purpose. The questions presented here arise out of the proceeding to condemn under the act of April 11, 1882. The award of the commissioners not being satisfactory to the parties, exceptions were filed in the county court and a jury empaneled to fix the value of the land taken, and assess the *393damages, and from the verdict of the jury an appeal was prosecuted to the circuit…

2Cases cited1 opinion

  1. Elizabethtown & Paducah Railroad v. Helm's heirsCourt of Appeals of Kentucky · 1871

3Cited by13 opinions

  1. Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Williams v. WeddingCourt of Appeals of Kentucky · 1915
  3. Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
  4. Commonwealth, Department of Highways v. EvansCourt of Appeals of Kentucky (pre-1976) · 1962
  5. Aldridge v. CommissionerUnited States Tax Court · 1968

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