Schmidt v. L. & N. R. R.
Court of Appeals of Kentucky
CASE 9 — ACTION BY A. L. SCHMIDT AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY. Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). Samuel B. Kirby, Judge. Prom a judgment of dismissal, plaintiffs appeal.
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Reversing.
The facts out of which this litigation grows may be stated as follows: In 1879 the Cumberland & Ohio Railroad Company leased to the Louisville, Cincinnati & Lexington Railway Company for a period of 30 years its roadbed and other appurtenances, and at the same time executed to the lessee a mortgage on all its property and franchises to secure the payment of 250 bonds of $1,000 each. The lessee as a part of the arrangement agreed to apply the net earnings derived from the leased road to the payment of the interest on these bonds and for the…
2Cases cited5 opinions
- Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897
- Low v. RamseyCourt of Appeals of Kentucky · 1909
- Louisville & N. R. R. v. SchmidtCourt of Appeals of Kentucky · 1902
- Schmidt v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1894
- Botkin v. Middlesboro Town & Land Co.Court of Appeals of Kentucky · 1890
3Cited by8 opinions
- American Cyanamid Co. v. Wilson & Toomer Fertilizer Co.Court of Appeals for the Fifth Circuit · 1931
- Penelko, Inc. v. John Price Associates, Inc.Utah Supreme Court · 1982
- Pickler v. MershonSupreme Court of Iowa · 1931
- Houston v. DrakeCourt of Appeals for the Ninth Circuit · 1938
- Euler v. KesslerSupreme Court of Kansas · 1942
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