Warden v. Madisonville, H. & E. R. R.
Court of Appeals of Kentucky
CASE 60. — CONDEMNATION PROCEEDINGS BY THE MADI-SONVILLE, HARTFORD & EASTERN R. R. CO. AGAINST W. M. WARDEN. — Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge.
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CASE 60. — CONDEMNATION PROCEEDINGS BY THE MADI-SONVILLE, HARTFORD & EASTERN R. R. CO. AGAINST W. M. WARDEN. — Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff, defendant appeals — SYNOPSIS OF POINTS DISCUSSED. 1. The only questions determined- by the lower court are whether the railroad company had been properly incorporated and the necessity for taking the strip of land 200 feet wide. 2. The judgment appealed from determines that the" railroad company was properly organized and that it is necessary for the use of the company to have a strip of…
1Opinion of the Court
*565Opinion op the Court by
Wm. Rogers Clay, Commissioner
Affirming.
This is the second appeal of this case. The opinion on the. first appeal will be found in 125 Ky. 644, 101 S. W. 914, 31 Ky. L. R. 234. In that opinion this court said: “On the return of the case to the circuit court, the court will set aside the order sustaining the demurrer to so much of the answer as denied the incorporation of the plaintiff, and will hear proof as to the incorporation and as to the necessity of the strip of land proposed to be taken. A copy of the articles of incorporation duly certified will make out su prima…
2Cases cited5 opinions
- Commissioners of Parks & Boulevards v. MoestaMichigan Supreme Court · 1892
- Aurora & Geneva Railway Co. v. HarveyIllinois Supreme Court · 1899
- Matter of Staten Island Rapid Transit Co.New York Court of Appeals · 1886
- Louisville & Nashville R. R. v. ScompCourt of Appeals of Kentucky · 1907
- Warden v. Madisonville, H. & E. R. R.Court of Appeals of Kentucky · 1907
3Cited by12 opinions
- Wabash, Chester & Western Railroad v. Commerce Commission ex rel. Jefferson Southwestern RailroadIllinois Supreme Court · 1923
- Wisconsin Telephone Co. v. Railroad CommissionWisconsin Supreme Court · 1916
- San Diego & Coronado Ferry Co. v. Railroad CommissionCalifornia Supreme Court · 1930
- Red Star Transportation Co. v. Red Dot Coach LinesCourt of Appeals of Kentucky (pre-1976) · 1927
- Baxter v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
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