Lawrence County v. Chattaroi Railroad
Court of Appeals of Kentucky
Case 34-ORDINARY APPEAL PROM LAWRENCE CIRCUIT COURT. 1. The question is, whether a railroad corporation can, with impunity, destroy a county road. 2. A town or county which is bound to keep a street or road in order, has such an interest therein as entitles it to an action for any injury thereto. (Pierce on Railroads, 252; 23 N. H., 83; 44 lb., 105.) The county of Lawrence, as such, cannot maintain an action against appellees. It has not the legal capacity to sue.
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Case 34-ORDINARY APPEAL PROM LAWRENCE CIRCUIT COURT. 1. The question is, whether a railroad corporation can, with impunity, destroy a county road. 2. A town or county which is bound to keep a street or road in order, has such an interest therein as entitles it to an action for any injury thereto. (Pierce on Railroads, 252; 23 N. H., 83; 44 lb., 105.) The county of Lawrence, as such, cannot maintain an action against appellees. It has not the legal capacity to sue. (Commonwealth, for use Estill County, v. McFarland, 7 J. J. Mar., 208; Christian County Court v. Rankin, 2 Duv.)
1Opinion of the CourtChief Justice Hargis
The appellant, Lawrence county, brought this, action, by petition ordinary, against the appellee, the Chattaroi Railway Company, alleging that the defendant is a corporation created by an act of the legislature of this state, and so constructed its road as to occupy and destroy the usefulness of two highways which the county had caused to be opened and made within its borders, and on one of which it had erected twenty bridges, at a cost of at least $9,000, which had become wholly useless to the county and the traveling public by reason of the unlawful occupation and destruction of said…
2Cases cited1 opinion
- Inhabitants of Lincoln v. PrinceMassachusetts Supreme Judicial Court · 1807
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- Montgomery County v. Menefee County CourtCourt of Appeals of Kentucky · 1892
- Louisville & Nashville Railroad v. Whitley County CourtCourt of Appeals of Kentucky · 1894
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