Elizabethtown L. & B. S. R. R. v. Catlettsburg Water Co.
Court of Appeals of Kentucky
Case 20 — Proceeding to Condemn Land — APPEAL FROM BOYD CIRCUIT COURT. Judgment Fixing Value, and Both Parties Appeal. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES. 1. In a proceeding to condemn land an amended petition reducing the quantity of land sought to be condemned is proper and should he permitted to be filed before trial of case before jury in Circuit Court. Randolph Eminent Domain, sec. 354; Ind., &c. Ry. Co. v. Rineheart, 43 N. E., 238; 5 C., 14 Ind.
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Case 20 — Proceeding to Condemn Land — APPEAL FROM BOYD CIRCUIT COURT. Judgment Fixing Value, and Both Parties Appeal. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES. 1. In a proceeding to condemn land an amended petition reducing the quantity of land sought to be condemned is proper and should he permitted to be filed before trial of case before jury in Circuit Court. Randolph Eminent Domain, sec. 354; Ind., &c. Ry. Co. v. Rineheart, 43 N. E., 238; 5 C., 14 Ind. App., 588; Fletcher v. Chicago, &c., Ry. Co., 69 N.'W., 1095; Fackard v. Bergin, &c., Co., 54 N. J. L., 563; Chicago, &e.…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Avetbming.
Appellee owns a lot 60 by 120' feet on the bank of the Big Sandy river, upon which is its plant for furnishing the city of Gatlettsburg with water. On July 23, 1894, appellant filed its petition in the Boyd County Court to con-demn a triangular piece off of the southwest corner- of appellee’s lot, 55 feet by 25 feet, containing 687% square feet. Commissioners were appointed, who- on August 10th-returned a report assessing the value of the land taken at $1,283, and the damages to the- remainder of the tract at $3,521, making a total for the whole-…
2Cases cited3 opinions
- Pennsylvania Railroad v. MillerSupreme Court of the United States · 1889
- Brown v. VancleaveCourt of Appeals of Kentucky · 1887
- Trowbridge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1887
3Cited by9 opinions
- Kentucky Hydro-Electric Co. v. WoodardCourt of Appeals of Kentucky (pre-1976) · 1926
- Bullitt v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1957
- Second National Bank v. FitzpatrickCourt of Appeals of Kentucky · 1901
- Pettit's v. City of LexingtonCourt of Appeals of Kentucky · 1922
- Webb v. Kentucky & West Virginia Power Co.Court of Appeals of Kentucky (pre-1976) · 1926
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