Sturgill v. Chesapeake & Ohio Ry. Co.
Court of Appeals of Kentucky
Case 72r-AcTioN by Melcina Sturgill and Husband against the iC. & 0. Ry. Co. to Recover Damages fob Injury to Theib Property. APPEAL FROM BOYLE CIRCUIT COURT. Prom a.
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Case 72r-AcTioN by Melcina Sturgill and Husband against the iC. & 0. Ry. Co. to Recover Damages fob Injury to Theib Property. APPEAL FROM BOYLE CIRCUIT COURT. Prom a. Judgment Dismissing the .Petition Plaintiffs Appeal. •.The plaintiff’s petition in’ this case having been dismissed on .demurrer tbe only question is: “Did the Act of March 15, 1894, remove the disability of a married woman?” The wrongs complained of were committed by the appellee in the year 1880 in the constructing of the railroad track, so as to injure plaintiff’s property by the jarring and shaking of the house, throwing…
1Opinion of the Court
Opinion op the court by
JUDGE BURNAM
Reversing.
The appellants Melcina Sturgill and ber husband, J. J, Sturgill, brought this suit on the 5th day of April, 1901. She alleges in her petition that in 1880 she was the owner and *661in possession of two houses and lots abutting on a street in Oatlettsburg, and that the appellee, the Elizabethtown, Lexington & Big Sandy Railroad Company in that year constructed a railroad in the street in front of her property so as to obstruct the access to and egress therefrom, and that the running of the trains thereon caused the house to be jarred, and smoke, soot,…
2Cases cited2 opinions
- Onions v. Covington & Cincinnati El. R. R. & Transfer & Bridge Co.Court of Appeals of Kentucky · 1899
- Higgins v. StokesCourt of Appeals of Kentucky · 1903
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- Smith's v. JohnsCourt of Appeals of Kentucky · 1913
- Smith v. Cox's CommitteeCourt of Appeals of Kentucky · 1913