Louisville & N. R. R. v. Smith
Court of Appeals of Kentucky
CASE 39. — ACTION BY LOUISVILLE & N. R. R. CO., &C., AGAINST GEORGE SMITH TO RECOVER A STRIP OP LAND ON ITS RIGHT OP WAY. Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiffs. Defendant appeals. Title to railroad rights of way cannot he acquired against the-railroad company by adverse possession. AUTHORITIES CITED.
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CASE 39. — ACTION BY LOUISVILLE & N. R. R. CO., &C., AGAINST GEORGE SMITH TO RECOVER A STRIP OP LAND ON ITS RIGHT OP WAY. Appeal from McLean Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiffs. Defendant appeals. Title to railroad rights of way cannot he acquired against the-railroad company by adverse possession. AUTHORITIES CITED. Civil Code, section 83; Sale, &c. v. Crutchfield, &c., 8 Bush, 646; Woolf oik' v. Ashby, 2 Met., 288; Kincaid v. McGown, 88 Ky. 91; Bryant v. Stephens, t&c., 26 Ky. Law Rep., 718; Greer v. Meges, 24 How., 263;' L. & N. R. R. Co. v. Quinn, &c., 94…
1Opinion of the Court
Opinion of the Court by
Judge O’Rear
Affirming.
The Owensboro & Russellville Railroad Company was chartered in 1867 and empowered to run its line of railroad through McLean county. It was authorized to acquire a right of way-of not more than 60 feet in width. The railroad was built about 1868. The right of way extends through the town of Liver-more, in McLean county. In 1872 W. J. Rowan by deed conveyed to the Owensboro & Russellville Railroad Company a strip of ground in the town of Livermore, containing about .02 of an acre, being a strip about 27 feet wide along the edge of Rowan’s lot. This…
2Cases cited7 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
- Chicago, St. Louis & N. O. Ry. Co. v. CommonwealthCourt of Appeals of Kentucky · 1903
- Commonwealth v. NuteCourt of Appeals of Kentucky · 1903
- Cornwall v. Lou. & Nash. R. R.Court of Appeals of Kentucky · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Richie v. OwsleyCourt of Appeals of Kentucky · 1909
- Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Ireland v. Bowman & CockrellCourt of Appeals of Kentucky · 1908
- Gulf, C. & S. F. Ry. Co. v. CandlerCourt of Appeals of Texas · 1931
5 more not listed; retrieve them via the Exa API.