Louisville, St. Louis & Texas Railroad v. Barrett
Court of Appeals of Kentucky
Case 90 — APPEAL TO CIRCUIT COURT — APPEAL PROM DAVEISS CIRCUIT COURT. 1. The ex'parte communication made to the commissioners by the principal defendant in the case rendered their action invalid, and the court should have quashed the report.
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Case 90 — APPEAL TO CIRCUIT COURT — APPEAL PROM DAVEISS CIRCUIT COURT. 1. The ex'parte communication made to the commissioners by the principal defendant in the case rendered their action invalid, and the court should have quashed the report. (Lewis on Eminent Domain, section 420; Peary v. "Wolfborough, 37 N. H., 280; Patten’s Petition, 16 N. H., 277; Harris v. Woodstock, 27 Conn., 567; Lennox v. Knox <& Lincoln R. Co., 62 Me., 322.) 2. In condemnation proceedings it is error to allow the jury to find the value of the strip taken when considered in its relation to the balance of the tract,…
1Opinion of the CourtChief Justice Holt
In this proceeding to condemn a right of way through the land of the appellees a total damage of seven thousand nine hundred and fourteen dollars and twenty cents was allowed by the commissioners appointed by the county court. Exceptions having been filed, a trial by a jury resulted in a finding of seven thousand four hundred and forty-seven dollars and seventy-five cents in that court. Upon an appeal by the appellant to the circuit court a verdict for six thousand dollars was rendered, it being recited in it: “This includes fencing.”
The appellant now complains of it, contending, first, that…
2Cases cited4 opinions
- Lamden v. SharpTennessee Supreme Court · 1847
- Asher v. L. & N. R. R.Court of Appeals of Kentucky · 1888
- Elizabethtown & Paducah Railroad v. Helm's heirsCourt of Appeals of Kentucky · 1871
- Louisville & Nashville Railroad v. GlazebrookCourt of Appeals of Kentucky · 1866
3Cited by6 opinions
- Commonwealth, Department of Highways v. EvansCourt of Appeals of Kentucky (pre-1976) · 1962
- Louisville Nashville Rr. Co. v. Burnam, TrusteeCourt of Appeals of Kentucky (pre-1976) · 1925
- Big Sandy Ry. Co. v. DilsCourt of Appeals of Kentucky · 1905
- Smick v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1954
- Greenup County v. RedmondCourt of Appeals of Kentucky (pre-1976) · 1960
1 more not listed; retrieve them via the Exa API.