Louisville & Nashville Railroad v. Whitley County Court
Court of Appeals of Kentucky
Case 35 — PETITION ORDINARY '1. If one grants a right of way for a railroad be is, by his grant, held to have consented to the consequences resulting from the proper use of the right of way.
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Case 35 — PETITION ORDINARY '1. If one grants a right of way for a railroad be is, by his grant, held to have consented to the consequences resulting from the proper use of the right of way. (Hortsman v. Lexington, &c., R. Co., 18 B. M., 221; Wolfe v. C. & L. R. Co., 15 B. M., 410.) And this rule should' he applied to the plaintiff in this case, the county court being hut the Commonwealth so far as this action is concerned, and so far as concerns its rights to the control, management and ownership of the public roads. 2. Even if we are not correct in this proposition, the peculiar…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
In building its road through Whitley County, the appellant cut through the outer base of a mountain, and thus destroyed the county road running along the mountain *217side above and parallel to tbe railroad. Tire support' below the county road being thus removed, landslides occurred, and the road was rendered impassable and useless. The county recovered damages to the extent of ten thousand dollars, and from that judgment this appeal is prosecuted.
It is contended by the appellant that, by virtue of its charter, it was authorized to construct a…
2Cases cited1 opinion
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
3Cited by9 opinions
- Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- Chesapeake & Ohio Railway Co. v. Wadsworth Electric Manufacturing Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Commonwealth ex rel. Devoe v. BaskeCourt of Appeals of Kentucky · 1907
- Marion County v. Rives & McChordCourt of Appeals of Kentucky · 1909
- Winston & Co. v. Clark CountyCourt of Appeals of Kentucky · 1917
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