Legal Opinion

Schmidt v. L. & N. R. R.

Court of Appeals of Kentucky

Decided June 17, 1910PublishedCited by 8 opinions

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

  1. Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897
  2. Low v. RamseyCourt of Appeals of Kentucky · 1909
  3. Louisville & N. R. R. v. SchmidtCourt of Appeals of Kentucky · 1902
  4. Schmidt v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1894
  5. Botkin v. Middlesboro Town & Land Co.Court of Appeals of Kentucky · 1890

3Cited by8 opinions

  1. American Cyanamid Co. v. Wilson & Toomer Fertilizer Co.Court of Appeals for the Fifth Circuit · 1931
  2. Penelko, Inc. v. John Price Associates, Inc.Utah Supreme Court · 1982
  3. Pickler v. MershonSupreme Court of Iowa · 1931
  4. Houston v. DrakeCourt of Appeals for the Ninth Circuit · 1938
  5. Euler v. KesslerSupreme Court of Kansas · 1942

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