Husbands v. Paducah & Illinois Railroad

Opinion of the Court by

William Rogers Clay, Commissioner —

Reversing.

This is the second appeal of this case. The opinion on the former appeal may be found in 176 Ky. 290, 195 S. W. 831, where the facts out of which the litigation grows are fully set forth.

It is sufficient for the purposes of this case to say that the railroad, at the points where it crosses Harrison, Madison, Monroe, Jefferson and Broadway streets, was constructed on an embankment or fill that obstructed those streets, but the company built underpasses at Broadway and Jefferson streets and midway between Madison and Harrison…