Owensboro & Nashville R. W. Co. v. Townsend
Court of Appeals of Kentucky
Case 51 — ACTION FOR COST OF DIVISION FENCE. APPEAL FROM LOGAN CIRCUIT COURT. (Brief withdrawn.) A deed to a railroad company of a right of way is to he given the same construction as to the things conveyed as if the right of way had been acquired by condemnation proceedings. Under condemnation proceedings the acquisition of the right of way would have carried with it damages rendered necessary by additional fencing.
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Case 51 — ACTION FOR COST OF DIVISION FENCE. APPEAL FROM LOGAN CIRCUIT COURT. (Brief withdrawn.) A deed to a railroad company of a right of way is to he given the same construction as to the things conveyed as if the right of way had been acquired by condemnation proceedings. Under condemnation proceedings the acquisition of the right of way would have carried with it damages rendered necessary by additional fencing. It follows that conveyances of a right of way include all fencing. 4 Rapalje & Mack’s Dig., 689-95 and cases ■cited; St. L., Iron Mountain & Southern R. R. Co. v. Walbrink, 26…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
Appellant’s line of railroad! runs through appellee’s farm for a distance of 845 rods. He desired a division fence erected along the line between his land and appellant’s right of way. He constructed his half of the fence, and notified appellant to build the other half. This it *292failed to do for three months. He then built the fence, at a cost of $112.12, and filed this action to recover the amount from ajipellant.
There was no demurrer' to the petition. An answer was filed by appellant, pleading, in substance, that when its road was built, in…
2Cited by3 opinions
- Crawford v. Southern RailwayCourt of Appeals of Kentucky · 1913
- City of Richmond v. Madison Female InstituteCourt of Appeals of Kentucky · 1913
- Snyder v. Shelby CountyCourt of Appeals of Kentucky (pre-1976) · 1935