Phillips v. Southern Div. C. & O. R. R.
Court of Appeals of Kentucky
Case 6 — Action by Phillips, Trustee for Bondholders, &a, v. Southern Division C. & O. R.- R. Co., &c., for an Accounting, and to Enforce Mortgage Lien, and Action by the Southern Division C. & O. R. R. Co., v. the L. & N. R. R. Co., to Account for Net Earnings Under a Lease (2 Cases)- — APPEAL FROM MARTON CIRCUIT COURT AND APPEAL FROM TAYLOR CIRCUIT COURT.
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Case 6 — Action by Phillips, Trustee for Bondholders, &a, v. Southern Division C. & O. R.- R. Co., &c., for an Accounting, and to Enforce Mortgage Lien, and Action by the Southern Division C. & O. R. R. Co., v. the L. & N. R. R. Co., to Account for Net Earnings Under a Lease (2 Cases)- — APPEAL FROM MARTON CIRCUIT COURT AND APPEAL FROM TAYLOR CIRCUIT COURT. Judgment in First Case for Defendants, and Plaintiff Appeals, and in Second Case Judgment Rejecting the Petition op H. B. Phillips, Trustee, to be Made a Party and he Appeals — (No briefs in record.)'
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Reversing.
For convenience, we will rail the Southern Division oí the Cumberland & Ohio Railroad Company “C. & O.” and th'e Louisville & Nashville Railroad Company “L. & N.” The C. & O., a corporation, was authorized to construct a line of railway from Lebanon, in Marion county, to Greensburg, in Green county. It began the construction of the road, and did a considerable amount of grading, and bought some material necessary in its 'construction. Being -without means to complete the road, it began to negotiate with the L. & N. to finish -the…
2Cases cited2 opinions
- Newport & Cincinnati Bridge Co. v. DouglassCourt of Appeals of Kentucky · 1877
- Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897
3Cited by6 opinions
- City of Covington v. SchlosserCourt of Appeals of Kentucky · 1911
- Proctor v. Peoples Bank of MoreheadCourt of Appeals of Kentucky (pre-1976) · 1940
- Commonwealth v. Southern Pacific Co.Court of Appeals of Kentucky · 1907
- Hudson's Administratrix v. CollinsCourt of Appeals of Kentucky (pre-1976) · 1931
- Louisville & Nashville R. R. v. SchmidtCourt of Appeals of Kentucky · 1908
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