Bardstown & Lexington Turnpike Co. v. Nelson County
Court of Appeals of Kentucky
Case 115 — Action upon a Contract appeal from nelson cibcuit court. Judgment eob Dependant and Plaintiff Appeals. On January 13, 1898, Nelson county, by order of the fiscal court, instituted proceedings to condemn the thirteen miles of turnpike lying in said county as provided in act of Kentucky Legislature of March 17, 1896, the county having previously voted in favor of free turnpikes; commissioners were appointed and made and returned majority and minority reports of…
Read the full summary
Case 115 — Action upon a Contract appeal from nelson cibcuit court. Judgment eob Dependant and Plaintiff Appeals. On January 13, 1898, Nelson county, by order of the fiscal court, instituted proceedings to condemn the thirteen miles of turnpike lying in said county as provided in act of Kentucky Legislature of March 17, 1896, the county having previously voted in favor of free turnpikes; commissioners were appointed and made and returned majority and minority reports of valuation. A few days thereafter the county, through its fiscal court, entered upon its order book a written proposal to…
1Opinion of the Court
*804Opinion op the court by
CHIEF JUSTICE PAYNTER
Reversing.
In obedience to a popular demand for free turnpikes and gravel roads, the General Assembly passed an act, approved March 17, 1896, empowering county courts to acquire and maintain free turnpikes and gravel roads. The act provides that the question should first be submitted to the electors of the county to ascertain their will with reference to the acquisition and maintenance of free turnpikes. At an election duly held for that purpose in Nelson county a majority of the qualified electors voting at the election voted in favor of the…
2Cited by1 opinion
- Bardstown & Louisville Turnpike Co. v. Nelson CountyCourt of Appeals of Kentucky · 1904