Louisville & Nashville Railroad v. City of Barbourville
Court of Appeals of Kentucky
Case 15 — INJUNCTION 1. Under the provisions of the act to encourage the building of railroads in this State, Acts 1883-4, p. 195 — the Cumberland Valley Branch R. R. Co. was exempted from taxation for a period of five years from the date of the beginning of its construction. 2. By the express provisions of the act extending the corporate limits of Barbourville “lands used for farming purposes” were excepted from the power given the town to tax for municipal purposes, and a…
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Case 15 — INJUNCTION 1. Under the provisions of the act to encourage the building of railroads in this State, Acts 1883-4, p. 195 — the Cumberland Valley Branch R. R. Co. was exempted from taxation for a period of five years from the date of the beginning of its construction. 2. By the express provisions of the act extending the corporate limits of Barbourville “lands used for farming purposes” were excepted from the power given the town to tax for municipal purposes, and a railroad running through these farming lands was likewise exempted. 3. The purpose of the -extensions was to- include…
1Opinion of the Court
JUDGE DURELLE
delivebed the opinion of the coubt.
The appellant obtained an injunction against the councilmen and marshal of the city of Barbourville to prevent the levy and collection of municipal taxes for the years 1892 and 1893 upon appellant's roadway running through the corporate limits of the city. By the agreed statement of facts, it appears that the appellant began construction of its railroad, which runs by and through Barbourville,, in April, 1886. Prior to 1890, the land lying west of the-railroad, and between it and the city, was farming land;; *176but in that year the Barbourville…
2Cases cited2 opinions
- Kentucky Life & Accident Insurance v. KaufmanCourt of Appeals of Kentucky · 1897
- Commonwealth v. BlackwellCourt of Appeals of Kentucky · 1895
3Cited by2 opinions
- Shipp v. RodesCourt of Appeals of Kentucky · 1922
- State ex rel. Morgan v. HemenwaySupreme Court of Missouri · 1917