Commonwealth v. City of Frankfort
Court of Appeals of Kentucky
Case 29 —PETITION EQUITY— APPEAL PROM FRANKLIN CIRCUIT COURT. 1. While cities may, with legislative warrant, grant the use of their streets for railroads, such appropriations must not be incompatible with the ends for which the street was established. It must not deprive the persons living on the street of its reasonable use as a pass-way for foot-passengers, horsemen and the vehicles in ordinary and general use.
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Case 29 —PETITION EQUITY— APPEAL PROM FRANKLIN CIRCUIT COURT. 1. While cities may, with legislative warrant, grant the use of their streets for railroads, such appropriations must not be incompatible with the ends for which the street was established. It must not deprive the persons living on the street of its reasonable use as a pass-way for foot-passengers, horsemen and the vehicles in ordinary and general use. (L. & O. R. Co. v. Applegate, 8 Dana, 289; Trustees of Flemingsburg v. Wilson, 5 Bush, 204; Cosby v. O. ,& R. R. Co., 10 Bush, 291.) 2. Autihqrity to construct and operate a railroad…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion or the court.
This is an action by the Commonwealth against the City of Frankfort, Ky., the Louisville & Nashville Railroad Company and Miles & Son, seeking to enjoin the construction and operation of a railroad track, commenc*151ing at the yard of the Louisville & Nashville railway, on High street, and running across that street and through the entire length of “ Governor’s alley,” and across Ann street to Miles & Son’s flouring mill, and for their sole and exclusive benefit in transporting flour, grain, etc., from said freight depot to said mill, and from the…
2Cases cited2 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
3Cited by12 opinions
- Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- State v. SavageTexas Supreme Court · 1912
- Chesapeake & Ohio Railway Co. v. Wadsworth Electric Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Powers v. Fidelity & Deposit Co.Superior Court of Delaware · 1945
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