Green & Barren River Nav. Co. v. Chesapeake, Ohio & Southwestern Railroad
Court of Appeals of Kentucky
Case 1 —PETITION ORDINARY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. By legislative acts in 1868, and a lease from the State to appellant in pursuance thereof, the appellant acquired, for a valuable consideration, a vested contract right to use the line of navigation of Green river, and to navigate that river for thirty years.
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Case 1 —PETITION ORDINARY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. By legislative acts in 1868, and a lease from the State to appellant in pursuance thereof, the appellant acquired, for a valuable consideration, a vested contract right to use the line of navigation of Green river, and to navigate that river for thirty years. The State thereby agreed that appellant should have the absolute right (in consideration of its keeping up the locks and dams, etc.) to run its boats for thirty years, without any reservation to the State of the right to obstruct such use by subsequent…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The Legislature of Kentucky chartered the Memphis, Paducah and Northern Railroad Company on March 25, 1878. It also incorporated the Chesapeake, Ohio and Southwestern Railroad Company on January 19, 1882.
The last named - corporation was, at the time of its creation, the owner of so much of the first named road as had then been constructed from Memphis, Tennessee, to Paducah, Kentucky, and its charter conferred upon it certain powers and privileges that had been granted to the Memphis, Paducah and Northern Railroad Company.
The charter provision of…
2Cases cited6 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Cardwell v. American Bridge Co.Supreme Court of the United States · 1885
- Hamilton v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of the United States · 1886
- McReynolds v. SmallhouseCourt of Appeals of Kentucky · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Louisville & Nashville Railroad v. ThompsonCourt of Appeals of Kentucky · 1899
- Fain v. CommonwealthCourt of Appeals of Kentucky · 1900
- Natcher v. City of Bowling GreenCourt of Appeals of Kentucky (pre-1976) · 1936
- Rhea v. Newport N. & M. V. R.U.S. Circuit Court for the District of Kentucky · 1892
- Cherokee Packet Co. v. HilsonTennessee Supreme Court · 1895