Long & Co. v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 84 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The Louisville and Nashville Bailroad does not own any thing except the road-bed of 40 feet upon which the double-track railroad is built-The city did not convey all of the 110 feet, but merely the right of way for a double-track railroad, which it had agreed to convey.
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Case 84 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The Louisville and Nashville Bailroad does not own any thing except the road-bed of 40 feet upon which the double-track railroad is built-The city did not convey all of the 110 feet, but merely the right of way for a double-track railroad, which it had agreed to convey. (Burnett’s City Code, p. 566, secs. 51, 52, 53, 54.) 2. Equity will not restrain interference with complainants’ possession of his premises when the indirect effect of the injunction would be to reinstate complainant in possession, the remedy at law being…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The Louisville, Cincinnati and Lexington Railroad Company originally occupied a right of way for a double-track road on Jefferson street, in the city of Louisville, and the city or the railroad company being desirous of changing the location of the railway from Jefferson street to a point north of Main street, an agreement was entered into, by which the city was to furnish a road-bed for the company at the place and on the ground north of Main street, where the track of the Louisville and Nashville Railroad Company now runs, it being the…
2Cases cited1 opinion
- Fraley v. PetersCourt of Appeals of Kentucky · 1876
3Cited by2 opinions
- Maryland Casualty Co. v. WoodCourt of Appeals of Kentucky (pre-1976) · 1943
- Hilary Rochelle v. Travis Services Group, Inc and Travis Company D/B/A Puroclean Services, Texas Court of Appeals, 1st District (Houston)2024