Miller v. Flemingsburg & Fox Springs Turnpike Co.
Court of Appeals of Kentucky
Case 69 — Action to Recover Land appeal prom; Fleming circuit court. Judgment eor Defendant- and Plaintiff Appeals. 1. There never has been a time in the history of Kentucky, in which turnpike companies were authorized to own as much as 26 acres of land for toll gate purposes. They may condemn as-muck as one acre, and never at any time exceeding ten acres for suck purpose.
Read the full summary
Case 69 — Action to Recover Land appeal prom; Fleming circuit court. Judgment eor Defendant- and Plaintiff Appeals. 1. There never has been a time in the history of Kentucky, in which turnpike companies were authorized to own as much as 26 acres of land for toll gate purposes. They may condemn as-muck as one acre, and never at any time exceeding ten acres for suck purpose. See brief in case of A. H. Iskmeal v. The Ewing & Metcalf Mills Turnpike Co. 3. The appellee made an arrangement with the Fiscal Court of Fleming county, to transfer its road-bed to the county, reserving its toll gate…
1Opinion of the Court
*477Opinion of the court by
JUDGE WHITE
Affirming.
The lower court sustained a demurrer to tlie petition as amended, and, appellant failing to plead further, her petition was dismissed, and she appeals.
The facts pleaded show that appellant sold, and by deed conveyed, to the appellee two tracts of land of 13 acres each, the full agreed consideration being paid therefor. The land thus bought was used by appellee in connection with its toll houses while the corporation existed. The county of Fleming acquired the property of appellee by contract of purchase, and made the turnpike a free public road; and…
2Cases cited2 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Morris v. Schollsville Branch Red River Turnpike RoadCourt of Appeals of Kentucky · 1869
3Cited by7 opinions
- Louisville School Board v. KingCourt of Appeals of Kentucky · 1908
- Compton v. MooreCourt of Appeals of Kentucky · 1913
- Hughes v. MillerCourt of Appeals of Kentucky · 1915
- Commonwealth, Department of Transportation, Bureau of Highways v. Louisville Gas & Electric Co.Court of Appeals of Kentucky · 1975
- Yellow Chief Coal Company's Trustee v. JohnsonCourt of Appeals of Kentucky · 1915
2 more not listed; retrieve them via the Exa API.