Legal Opinion

Louisville & N. R. R. Co. v. Cornelius

Court of Appeals of Kentucky

Decided October 16, 1901PublishedCited by 11 opinions

Case 82 — Action to Recover Damages for Injury to Land APPEAL FROM LOGAN CIRCUIT COURT. Judgment fob Plaintiff and Defendant Appeals.

1Opinion of the Court

Opinion of the court by

JUDGE DuRELLE

Affirming.

Appellee brought suit against appellant company, alleging ownership of a tract of 85 acres of land adjoining and to the north of appellant’s right of way in Logan county; that her land slopes gradually away from the railroad, while the land immediately on the' other side of the road slopes gradually towards the railroad; that in 1856 appellant constructed a long fill along its right of way at that point, and that for 30 years the surface water upon the upper side flowed against the embankment, and along the south side thereof, until it found an…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
  2. Chicago, Burlington & Quincy Railroad v. EmmertNebraska Supreme Court · 1897

3Cited by11 opinions

  1. Pickerill v. City of LouisvilleCourt of Appeals of Kentucky · 1907
  2. Madisonville, Hartford & Eastern Railroad v. GrahamCourt of Appeals of Kentucky · 1912
  3. Chesapeake & Ohio Railway Co. v. RobbinsCourt of Appeals of Kentucky · 1913
  4. Hay v. City of LexingtonCourt of Appeals of Kentucky · 1903
  5. Chicago, R. I. & P. Ry. Co. v. DavisSupreme Court of Oklahoma · 1910

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