O'Hara v. Lexington & Ohio Rail Road
Court of Appeals of Kentucky
'The Appellee may bring up the record, and submit it as a delay ease, before the expiration of the time allowed the appellant to file the record. But he recovers no costs, although successful. This case was decided in the Franklin County Court, on the 15th of April, 18SS — while the Court of Appeals was in session.
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'The Appellee may bring up the record, and submit it as a delay ease, before the expiration of the time allowed the appellant to file the record. But he recovers no costs, although successful. This case was decided in the Franklin County Court, on the 15th of April, 18SS — while the Court of Appeals was in session. The decision being against the defendant, O’Harra, he prayed an appeal ; which was granted, upon his entering into bond, according to law, on or before the 22nd of April; when the bond was executed. The rule prescribed by the,statute (1 Big. 387,) allowed the Appellant until the…
1Opinion of the CourtChief Justice Robertson
This is submitted as a delay case. — Pursuant to the fifteenth section of its charter, (Session Acts of 1830, p. 133,) " the Lexington and Ohio Rail Road Company ” procured a regular inquisition and assessment of damages, for a small portion of O’Hara’s land, through which it designs to construct its road. The county court approved the inquest ; and O’Hara appeals.
One objection only is made to the inquest, and that is that it is unconstitutional, and therefore void : first, because the act of incorporation grants exclusive privileges, *233without any consideration of public service ; and…
2Cited by6 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Louisville Gas Co. v. Citizens' Gas Co.Supreme Court of the United States · 1885
- Virginia & Truckee Railroad v. HenryNevada Supreme Court · 1873
- Commonwealth v. E. H. Taylor Jr. Co.Court of Appeals of Kentucky · 1897
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