Louisville, Railway Co. v. Stephens
Court of Appeals of Kentucky
Casis 66 — PETITION ORDINARY — APPEAL FROM BRECKINRIDGE CIRCUIT COURT. 1. The court committed an. error in arbitrarily discharging the jury and continuing the case to the next term. 2. The court erred in ruling out by demurrer and instructions the acts of the appellees relied upon, by the railroad company as constituting an estoppel. These acts are sufficient to constitute an estoppel not only against a person sui juris, but against a married woman.
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Casis 66 — PETITION ORDINARY — APPEAL FROM BRECKINRIDGE CIRCUIT COURT. 1. The court committed an. error in arbitrarily discharging the jury and continuing the case to the next term. 2. The court erred in ruling out by demurrer and instructions the acts of the appellees relied upon, by the railroad company as constituting an estoppel. These acts are sufficient to constitute an estoppel not only against a person sui juris, but against a married woman. (Connolly v. Branstler, 3 Bush, 702; Busk v. Fenton, 14 Bush, 493; Heck v. Fisher, 78 Ky., 646; Craddock v. Tyler, 3 Bush, 360.) 3. A dedication…
1Opinion of the Court
JUDGE HAZELKIGG
bsiiviebd thb opikioir os the court.
By a writing of April, 1886, the appellees, W. E. and Amanda S. Minor, in consideration of the benefits to be derived from the building of the appellant’s road, undertook to release, grant and convey to the appellant a strip of ground sixty feet in width through the farm of the appellee, Amanda S., situated on the Ohio river, in Breckinridge county. The conditions of the grant were that the road should run between the dwelling-house and the river, and not be nearer than three hundred feet from it. This deed of conveyance was signed by the…
2Cases cited1 opinion
- Kennedy v. Ten BroeckCourt of Appeals of Kentucky · 1875
3Cited by15 opinions
- People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
- Phillips v. LowensteinSupreme Court of Florida · 1926
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. MarbleMichigan Supreme Court · 1897
- Evans v. Southside Place Park Ass'nCourt of Appeals of Texas · 1941
- Syck v. HellierCourt of Appeals of Kentucky · 1910
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