Legal Opinion

Louisville & Portland Railroad v. Louisville City Railway Co.

Court of Appeals of Kentucky

Decided December 8, 1865PublishedCited by 16 opinions

CASE 2 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. cited 11 Peters, 420; 13 Howard, 71; 17 Conn., 454; 6 Paige, 554;. 1 Ohio St.Rep., 622; 21 Vt., 591; 2 Met., 165. cited 1 vol. Am. Ti. R. Cases, 237; 2 Gray, 1; Const, of Ky., sec. 37, art. 2; 2 Met., 219; 2 Bibb, 96.

1Opinion of the Court

JUDGE ROBERTSON

delivered tub opinion of the court:

The city of Louisville, by an ordinance of the 31st of May, 1837, conceded to the Lexington and Ohio railroad company, incorporated by an act of January the 27th, 1830, the right to construct its road on High street from Louisville to its terminus on the Ohio river at Portland, then not incorporated with the city as a portion of it; and afterwards, in the same way, in consideration of $6,000 in stock in the road, the city granted to the company the right of way on the Portland avenue, which is about 200 yards south of High street and parallel…

2Cited by16 opinions

  1. Funk v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
  2. Diebold v. Kentucky Traction Co.Court of Appeals of Kentucky · 1903
  3. Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
  4. Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
  5. Front Street Cable Railway Co. v. JohnsonWashington Supreme Court · 1891

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