Louisville & Nashville Railroad v. Culbertson

Opinion of the Court by

Judge Miller

Affirming.

In 1850, the appellee’s remote vendor sold to the appellant’s predecessor in title a right of way over a hillside farm near Ryland, in Kenton County, which is now owned by the appellee.

In 1911, appellant was engaged in double tracking its Kentucky Division, and in doing that work it became necessary for it to procure an additional right of way through Culbertson’s farm. To this end appellant, by a deed dated July 27th, 1911, bought from Culbertson a strip of land, of about four acres, adjoining its original right of way on the west, for the…