Big Sandy Ry Co. v. Boyd County
Court of Appeals of Kentucky
CASE 40 — ACTION BY FLOYD COUNTY AGAINST THE BIG SANDY RAILWAY CO. FOR DAMAGES FOR DESTROYING A PUBLIC HIGHWAY. Appeal from Floyd Circuit Court. D. W. Gardner, Circuit Judge. Judgment for plaintiff. Defendant appeals. There is no evidence in the record upon the question of value or damages. The only question upon the subject of damages that was competent is “what would it cost to put the road in as good shape as it was,” that is to restore it.
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CASE 40 — ACTION BY FLOYD COUNTY AGAINST THE BIG SANDY RAILWAY CO. FOR DAMAGES FOR DESTROYING A PUBLIC HIGHWAY. Appeal from Floyd Circuit Court. D. W. Gardner, Circuit Judge. Judgment for plaintiff. Defendant appeals. There is no evidence in the record upon the question of value or damages. The only question upon the subject of damages that was competent is “what would it cost to put the road in as good shape as it was,” that is to restore it. No such evidence was offered, and the jury had absolutely nothing before them upon which to base their findings upon the question of the amount of…
1Opinion of the Court
Opinion of the Court by
Judge Nunn
Reversing.
In building its road through Floyd county the appellant constructed it on and adjoining a public highway a considerable distance, and in so doing practically destroyed the public highway. In some places it was filled with rocks and dirt to a depth from 6 to 12 feet. This was done about the year 1904, and the county brought this action to recover damages for the destruction of the public highway. Upon the trial the jury returned a verdict against appellant for $1,700. This public highway was situated near Sandy river, in Floyd county, and. the county…
2Cases cited3 opinions
- Kemper v. City of LouisvilleCourt of Appeals of Kentucky · 1878
- Kentucky Wagon Manufacturing Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1895
- Richmond, Nicliolasville, Irvine & Beattyville R. R. v. Estill CountyCourt of Appeals of Kentucky · 1899
3Cited by3 opinions
- Barrett v. HandNebraska Supreme Court · 1954
- Reed v. Ben W. Gorham CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- City of Pikeville v. RiddleCourt of Appeals of Kentucky · 1921