Louisville & Nashville Railroad v. Smith
Court of Appeals of Kentucky
Case 39 — 'Action by Helen C. Smith and Others against L. & N. ■ R. R. Co. for a Mandatory Injunction to Restore a Railroad Crossing. APPEAL FROM BULLITT CIRCUIT COURT.
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Case 39 — 'Action by Helen C. Smith and Others against L. & N. ■ R. R. Co. for a Mandatory Injunction to Restore a Railroad Crossing. APPEAL FROM BULLITT CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. ■What we here contend is: 1. That there is a well marked distinction between the ease where a railroad company, without right or authority, takes the lands of another for its use, and the ease where a railroad company in the improvement of its existing road over land which it owns and of which it is in possession, destroys an intangible, incorporeal right which another claims in…
1Opinion of the Court
*367Opinion of the court by
JUDGE BARKER
Reversing.
•This action was instituted by tbe appellees for a mandatory injunction requiring the appellant to restore a railroad crossing over its tracks and right of way near gap in Knob Station in Bullitt county, Ky., which it had destroyed in changing the grade of its road at that point. In their petition the appellees allege, in substance, that they own property, in Bullitt county, within a mile or two of the crossing in question; that theretofore, and for many years in excess of the statutory period, they had used and occupied, under a claim of right, á…
2Cases cited3 opinions
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Hauns v. Central Kentucky Lunatic AsylumCourt of Appeals of Kentucky · 1898
- Herr v. Central Ky. AsylumCourt of Appeals of Kentucky · 1901
3Cited by4 opinions
- Husbands v. Paducah & Illinois RailroadCourt of Appeals of Kentucky · 1917
- Somerset W., L. & T. Co. v. HydeCourt of Appeals of Kentucky · 1908
- Brownsville Auto Co. v. Peaslee Gaulbert Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Forkner v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky (pre-1976) · 1933