Vanceburg & S. L. Turnpike Road Co. v. Maysville & B. S. R. R.
Court of Appeals of Kentucky
Case 31 — Action by Vanceburg & iS. L., Turnpike Road Company against Maysville & B. ®. R. R. Co. and by John L. Bruce and Others against the Turnpike Company. APPEAL PROM LEWIS CIRCUIT COURT.
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Case 31 — Action by Vanceburg & iS. L., Turnpike Road Company against Maysville & B. ®. R. R. Co. and by John L. Bruce and Others against the Turnpike Company. APPEAL PROM LEWIS CIRCUIT COURT. From the Judgment in Both Actions éThe Turnpike Company Appeals. 1. Since the constitutionality of appellant’s charter was established in all respects save one on a former appeal, (35 S. W., 112), it would seem to be no longer an open question, but even if it were, the terms “due process of law,” as used in the Federal .Constitution, and “the law of the land” as used in the .State (Constitution, have…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
The opinion heretofore rendered in the first of these cases, (see Yanceburg, etc., Turnpike Co. v. Maysville, etc., R. Co., 25 R., 1404, 68 S. W., 749) was withdrawn, and a reargument1 ordered. On the reargument the second case was, by consent of parties, heard with the first case, in order that the court might get more fully before it all the facts in the controversy; and we will now dispose of the two cases together.
The turnpike company was incorporated by an act of the Legislature approved April 24, 1890. See acts 1889-90, vol. 2, p. 1385, c.…
2Cited by2 opinions
- Commonwealth v. Chesapeake & Ohio R'y Co.Court of Appeals of Kentucky · 1906
- Lykins v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1913