Legal Opinion

Cadiz Railroad v. Roach

Court of Appeals of Kentucky

Decided February 25, 1903PublishedCited by 1 opinion

Case 105 — Action by C. J. Roach against Cadiz Railroad Company to Cancel a Writing Donating Land to Said Railroad Company. — Feb. 2r PPEAL FROM TRIGG CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.

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Case 105 — Action by C. J. Roach against Cadiz Railroad Company to Cancel a Writing Donating Land to Said Railroad Company. — Feb. 2r PPEAL FROM TRIGG CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. It appears from the uncontroverted allegations of the answer to plaintiff’s petition that numerous citizens of Cadiz and vicinity organized a company known as the Cadiz Railroad Company for the construction of a line of railway from Cadiz, Ky., to Gracey, by private subscription, and that appellee, with others, donated the right of way, to the company over their lands to aid in this…

1Opinion of the Court

Opinion op thf. court by

JUDGE SETTLE

— Reversing.

The appellant railroad company undertook to construct and operate a railroad between Cadiz and Gra.cey, in Trigg county, Ky., for which purpose it received subscriptions in money and donations of right of way over the lands of divers citizens of that county. The appellee, C. J. Roach,, gave such right of way over his land, evidenced by the following writing, signed by him,and one L. A. Miller, who had likewise given appellant the right of way over his land: “Office of Cadiz Railroad Company. Cadiz, Ky., Feb’y. 21st, 1901. I hereby donate to the…

2Cases cited3 opinions

  1. Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
  2. Stovall v. McCutchenCourt of Appeals of Kentucky · 1900
  3. Twin Creek & Colemansville Turnpike Road Co. v. LancasterCourt of Appeals of Kentucky · 1881

3Cited by1 opinion

  1. Stone v. Monticello Construction Co.Court of Appeals of Kentucky · 1909

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