Legal Opinion · Dissent

L. & N. R. R. Co. v. Central Stock Yards Co.

Court of Appeals of Kentucky

Decided November 15, 1906Published

Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. From the judgment the defendant railroad company appeals

1Dissent

*190Dissenting the Opinion

by Judge Barker.

The opinion of the majority of the court requires the Louisville & Nashville Railroad Company to turn over its ears, loaded with stock, to the Southern Railway Company, to be transported by it to the Central Stockyards Company, a depot on its line, there to be unloaded, without any requirement that the latter company shall pay for the use of the cars while it has them, and without any definite provision for their return to the owner after being unloaded. This, I hold, is taking private property in. violation of our State Constitution and the fourteenth…

2Cases cited25 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Smyth v. AmesSupreme Court of the United States · 1898
  3. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  4. Davidson v. New OrleansSupreme Court of the United States · 1878
  5. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898

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