Black Mountain Corp. v. Appleman

Opinion op the Court by

Creal, Commissioner—

Reversing.

This is the second time these actions to condemn lands for a passway have been before this court. The opinion on the former appeal will be found in 236 Ky. 510, 33 S. W. (2d) 327, and reference to that opinion saves the necessity of an extended statement of the cases. After verdicts had been rendered! on the former trial, defendants tendered and paid into the court the damages awarded to the Louisville & Nashville Railway Company in the proceedings against it and also damages awarded the Black Mountain 'Corporation in the two oases against…