Cincinnati, N. O. & T. P. Ry. Co. v. Keith

Clay, Commissioner

Reversing.

Appellee brought this action in tbe McCreary County Court seeking a private passway over tbe defendant company’s rigbt-of-way in tbe immediate vicinity of Whitley City, an unincorporated community. This sort of condemnation is authorized by KRS 381.580, where it is “necessary” to enable a person to attend courts, elections, and other public places; or to have a private tram road for certain business purposes, including the marketing of products from a sand bank.

As provided by the statute, commissioners were appointed who found the proposed crossing necessary, and…