Legal Opinion

Louisville & Nashville Railroad v. Whitley County Court

Court of Appeals of Kentucky

Decided January 16, 1897PublishedCited by 6 opinions

Case 64 — PETITION ORDINARY APPEAL FB03I WHITLEY CIRCUIT COURT. (Record and briefs not in the office.)

1Opinion of the Court

CHIEF-JUSTICE LEWIS

delivered the opinion of the court:

April 14, 1892, a judgment was rendered in favor of the Whitley County Court against the Louisville & Nashville E. E. Co. for $10,000, and, on appeal to this court, was affirmed.

This is an action for vacation of said judgment and for a new trial upon the ground of newly-discovered evidence; and the inquiry is whether that evidence is material for the party applying and could, with reasonable diligence, have been discovered and produced at the trial.

As appears from the record of the original action, made part of this, the railroad bed of…

2Cited by6 opinions

  1. National Concrete Construction Co. v. DuvallCourt of Appeals of Kentucky · 1913
  2. Rains v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1943
  3. Hawkins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940
  4. Young v. CommonwealthCourt of Appeals of Kentucky · 1907
  5. Teche Lines, Inc. v. BoyetteCourt of Appeals for the Fifth Circuit · 1940

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