Big Sandy Ry. Co. v. Dils
Court of Appeals of Kentucky
Caso 71. — 'CO’N'DBIVCN'ATION PROCEEDINGS BY BIG SAND'S RAILWAY CO. AGAINST ANNIE L. DILS, &c. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. ■ From tiie judgment of tiie circuit court rendered on appeal from the county court, plaintiff appeals. AUTHORITIES CITED. 1. The trial court should have dismissed the appeal because there was no transcript of the orders of the county court filed nor a statement of the parties to the appeal as required by sec. 840, Ky.
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Caso 71. — 'CO’N'DBIVCN'ATION PROCEEDINGS BY BIG SAND'S RAILWAY CO. AGAINST ANNIE L. DILS, &c. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. ■ From tiie judgment of tiie circuit court rendered on appeal from the county court, plaintiff appeals. AUTHORITIES CITED. 1. The trial court should have dismissed the appeal because there was no transcript of the orders of the county court filed nor a statement of the parties to the appeal as required by sec. 840, Ky. Stats. 2. The verdict of the jury was too indefinite to authorize .the rendition of a judgment, there being three distinct…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
*566On March 23, 1903, the Big- Sandy Railway Company filed in the' Tike County Court its petition to condemn as part of its right of way a strip of land, belonging to John A. Dils’ heirs, 100 feet wide and 1,181 feet long, containing 2 71-100 acres. Commissioners were appointed, who valued the strip at $1,000, and fixed the damages to the remainder of the tract at $400.00. The defendants filed exceptions to the commissioners ’ report, and, the case being heard by a jury, a verdict was rendered fixing the value of the strip taken and the damages to the…
2Cases cited8 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- Galloway v. BradburnCourt of Appeals of Kentucky · 1904
- West Virginia, Railroad v. GibsonCourt of Appeals of Kentucky · 1893
- Asher v. L. & N. R. R.Court of Appeals of Kentucky · 1888
- Elizabethtown & Paducah Railroad v. Helm's heirsCourt of Appeals of Kentucky · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Broadway Coal Mining Co. v. SmithCourt of Appeals of Kentucky · 1910
- Commonwealth, Department of Highways v. EvansCourt of Appeals of Kentucky (pre-1976) · 1962
- City of Ashland v. QueenCourt of Appeals of Kentucky (pre-1976) · 1934
- Smick v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1954
- Music v. Big Sandy & Kentucky River RailroadCourt of Appeals of Kentucky · 1915
14 more not listed; retrieve them via the Exa API.