Thompson v. L. & N. R. R.
Court of Appeals of Kentucky
Case 117 — Action to Enjoin Defendant from Fencing its Right of Wat Through Plaintiff’s Land — APPEAL FROM MARION CIRCUIT COURT. Judgment foe Defendant and Plaintiff Appeals.
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Case 117 — Action to Enjoin Defendant from Fencing its Right of Wat Through Plaintiff’s Land — APPEAL FROM MARION CIRCUIT COURT. Judgment foe Defendant and Plaintiff Appeals. In 1898, the appellee, L. & N. R. R-. Co., built a wire fence along both sides of its track in lieu of a rail fence, formerly built, inclosing a space of 66 feet wide, the full length of Sylvester Thompson’s tract of land, thereby stopping up plaintiff’s gates and passway alongside defendant’s track, as well as his crossing over the railroad track, and bottling him up without any legal exit from his farm to any road. The…
1Opinion of the Court
*975Opinion of the court by
JUDGE BURNAM
-Affirming.
The appellant, Wilfred L. Thompson, instituted this suit in the Marion Circuit Court against appellee, the Louisville & Nashville Railroad Company, to enjoin it from fencing its right of way through his land, and to compel it to remove fences already erected. He alleged, in substance, that he and his brothers and sisters own a tract of 78 acres of land, upon which they now reside, and have for many'years resided, and through which the Knoxville Branch of the Louisville & Nashville Railroad runs; that alongside of the company’s track, and on its…
2Cases cited3 opinions
- O'Daniel v. O'DanielCourt of Appeals of Kentucky · 1889
- Conyers v. ScottCourt of Appeals of Kentucky · 1893
- Beall v. CloreCourt of Appeals of Kentucky · 1869
3Cited by12 opinions
- L. & N. Railroad v. HaganCourt of Appeals of Kentucky · 1910
- Louisville & Nashville Railroad v. CorneliusCourt of Appeals of Kentucky · 1915
- Louisville & Nashville Railroad v. ChildersCourt of Appeals of Kentucky · 1913
- Trustees Cin. Southern Ry. Co. v. SlaughterCourt of Appeals of Kentucky · 1907
- Chesapeake & Ohio Railway v. BlankenshipCourt of Appeals of Kentucky · 1914
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