Claxton's Administrator v. Lexington & Big Sandy R. R.
Court of Appeals of Kentucky
Case 19 — PETITION ORDINARY APPEAL FROM BOYD CIRCUIT COURT. 1. The coal-road incline, etc., operated by appellee constitute a railroad in contemplation of the act of 1854, and of chapter 57, General Statutes.
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Case 19 — PETITION ORDINARY APPEAL FROM BOYD CIRCUIT COURT. 1. The coal-road incline, etc., operated by appellee constitute a railroad in contemplation of the act of 1854, and of chapter 57, General Statutes. (10 Bush, 232.) 2. The corporate powers of appellee were conferred by act of January 9, 1852. (2 Acts 1851-2,778.) 3. There is a clear distinction between chapter 10, Revised Statutes and the act of 1854. (Hansford’s adm’x v. Payne, &c., 11 Bush, 380.) 4. The law charges a person operating dangerous bodies with a high degree of care, diligence, and skill, and if there are patent defects,…
1Opinion of the CourtChief Justice Lindsay
The Lexington & Big Sandy Railroad Company (Eastern Division), in addition to its corporate right to construct and operate a line of railway, has special authority to hold and own real estate, and to mine coal and other minerals, and to transport the products of its mines over branch roads, switches, inclines, and connections to its main line for shipment. Pursuant to this special authority the company opened, and has for some years been working, a coal-mine at Kilgore’s, in Boyd County. The entrance to this mine is two hundred and sixty-eight feet from the line of railway, and is connected…
2Cases cited6 opinions
- Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
- Louisville, Cincinnati & Lexington R. R. v. Case's administratorCourt of Appeals of Kentucky · 1873
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
- Louisville, Cincinnati & Lexington Railroad v. Mahony's adm'xCourt of Appeals of Kentucky · 1870
- Louisville & Portland R. R. v. SmithCourt of Appeals of Kentucky · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Daley v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Bouwmeester v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1886
- Ford v. Providence Coal Co.Court of Appeals of Kentucky · 1907
- Wilson v. Chippewa Valley Electric RailroadWisconsin Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.