Schmidt v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 49-PETITION EQUITY APPEAL FRO At LOUISVILLE LAW AND EQUITY COURT. 1. Our contract is not that rve shall have the net earnings of the Louisville, Cincinnati & Lexington Railway Company on business coming to it from or over the Cumberland & Ohio road after it has been thrown into hotch-potch with the business of the Louisville & Nashville Railroad and borne a proportion of the general expenses of the entire system.
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Case 49-PETITION EQUITY APPEAL FRO At LOUISVILLE LAW AND EQUITY COURT. 1. Our contract is not that rve shall have the net earnings of the Louisville, Cincinnati & Lexington Railway Company on business coming to it from or over the Cumberland & Ohio road after it has been thrown into hotch-potch with the business of the Louisville & Nashville Railroad and borne a proportion of the general expenses of the entire system. Neither is it that we shall have what is left of said net earnings after there has been deducted therefrom a certain proportion of all the expenses and all the losses which the…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
In 1879, tlie Northern Division of the Cumberland & Ohio Railroad Company leased to the appellee, the Louisville, Cincinnati & Lexington Railway Company, for the term of thirty years, its unfinished road-bed, rights of way, with improvements and appurtenances, depots and depot grounds, machinery, tools and implements, together with all its property rights and franchises, belonging to or in any way appertaining to its line of railway at the town of Eminence, Kentucky, thence running southwardly through the Counties of Henry, Shelby and Spencer,…
2Cases cited2 opinions
- St. John v. Erie Railway Co.Supreme Court of the United States · 1875
- United States v. Kansas Pacific Railway Co.Supreme Court of the United States · 1879
3Cited by5 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Schmidt v. L. & N. R. R.Court of Appeals of Kentucky · 1910
- Louisville & N. R. R. v. SchmidtCourt of Appeals of Kentucky · 1902
- Schmidt v. Louisville, C. & L. Railway Co.Court of Appeals of Kentucky · 1904
- Ericson v. MartinCourt of Appeals of Kentucky · 1911