Legal Opinion

Illinois Central R. R. v. Smith

Court of Appeals of Kentucky

Decided March 1, 1901PublishedCited by 7 opinions

Case 23 — Action fob Damages for Injury to Land — APPEAL FROM OHIO circuit court. Judgment for Plaintiff and Defendant Appeals. LIST OP POINTS AND AUTHORITIES., I. Plaintiff fails to describe the land about which he is complaining so as to make the judgment res adjudicata. Hope v. Cason, 3 B. M., 544, Newman on Pleading, 446. 2. Appellant, railroad company, had the right to construct its railroad on its own land as is admitted in the petition.

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Case 23 — Action fob Damages for Injury to Land — APPEAL FROM OHIO circuit court. Judgment for Plaintiff and Defendant Appeals. LIST OP POINTS AND AUTHORITIES., I. Plaintiff fails to describe the land about which he is complaining so as to make the judgment res adjudicata. Hope v. Cason, 3 B. M., 544, Newman on Pleading, 446. 2. Appellant, railroad company, had the right to construct its railroad on its own land as is admitted in the petition. It had also the right incidental to such construction, to dig the ditch on its own land so that it returned the water of the creek to its natural…

1Opinion of the Court

Opinion op tiie cotjet by

JUDGE O’REAR

Reversing.

Appellee recovered judgment on a verdict against appellant for damages to his land in the sum of $450. The damages complained of were occasioned, it is alleged, by the building of a railroad by the Owensboro, Falls of Rough & Green River Railroad Company; the latter company,' in the construction of its road adjacent to appellee’s lands, it is charged, having diverted the course, and so changed the channel, of a stream known as “Middle Fork of Adam’s Fork of Rough Creek” as to cause the current of the stream to strike plaintiff’s lands at a…

2Cited by7 opinions

  1. Shaw v. Calgon, Inc.New Jersey Superior Court Appellate Division · 1955
  2. City of Lexington v. ChenaultCourt of Appeals of Kentucky · 1913
  3. Chicago, St. Louis & New Orleans Railroad v. HooverCourt of Appeals of Kentucky · 1912
  4. Maynard v. Nemaha Valley Drainage DistrictNebraska Supreme Court · 1913
  5. Coleman v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1920

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