Old State Road & Ripple Creek Tpk. Co. v. Smith

Opinion by

Judge Pryor :

It is now the settled law of the state that such a franchise, the right to which is involved as in this case, cannot be made the subject of sale, in the absence of some special legislation authorizing it. Since the case of the Winchester & Lexington Tpk. Road Co. v. Vimont, 5 B. Mon. 1, various manuscript opinions have been delivered following the principles there announced. Also, the cases of Applegate v. Ernst, 3 Bush 648; Elizabethtown & Paducah R. Co. v. Trustees, 12 Bush 233; Phillips v. Winslow, 18 B. Mon. 431, and other cases, determine in effect that such sales…