Asher v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 63 — Condemnation Proceedings by the L. & N. R. R. Co. for Right of Way over the Farm: of A. J. Asher. APPEAL FROM BELL CIRCUIT COURT-D. W. SANDERS, SPECIAL JUDGE.
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Case 63 — Condemnation Proceedings by the L. & N. R. R. Co. for Right of Way over the Farm: of A. J. Asher. APPEAL FROM BELL CIRCUIT COURT-D. W. SANDERS, SPECIAL JUDGE. Judgment for Plaintiff and Defendant Appeals. [Note by reporter: This case was tried in 1887, resulting in a verdict, fixing the damages to plaintiff’s land at $3,000, from which judgment defendant appealed, and pending the appeal defendant paid plaintiff the amount of the judgment. 'The trial of the ease was delayed in the appellate court until 1891, when it was reversed. No further proceedings seem to have been taken until…
1Opinion of the Court
Opinion op the court by
JUDGE! NUNN
Reversing.
In the year 1887 the appellee began condemnai ion proceedings to condemn a right of way over appellant Asher’s farm in Bell county. A jury awarded appellant in that •action $3,000 in damages. On appeal to this court that .judgment was reversed, the opinion of this court in that •case being delivered in February, 1891, and reported in 13 S. W., 517, 12 Ky. Law Rep., 815. It appears that the appellee paid appellant this $3,000 in the year 188S. Notwithstanding this payment and the reversal of that judgment in 1891, there is nothing in the record…
2Cases cited2 opinions
- Hays v. GriffithCourt of Appeals of Kentucky · 1887
- Hardware Co. v. Deere, Mansur & Co.Supreme Court of Arkansas · 1890