Chesapeake Stone Co. v. Moreland
Court of Appeals of Kentucky
CASE 77. — PROCEEDINGS BY C. S. MORELAND AGAINST THE CHESAPEAKE STONE CO TO CONDEMN A TRAMWAY. — Appeal from Carter Circuit Court. M. M. Rbdwine, Circuit Judge.
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CASE 77. — PROCEEDINGS BY C. S. MORELAND AGAINST THE CHESAPEAKE STONE CO TO CONDEMN A TRAMWAY. — Appeal from Carter Circuit Court. M. M. Rbdwine, Circuit Judge. From a judgment of the Circuit Court affirming a judgment of the County Court defendant appeals.— The right of eminent domain is the right of a state or nation, or of those to whom the right and power has been lawfully delegated, to condemn private property for public use and to appropriate same for such use upon paying the owner just compensation to be ascertained according to law. West River Bridge Co. v. Dix, 6 Howard (U. S.), 507,…
1Opinion of the Court
Opinion of the Court by
Judge Carroll.
Affirming.
Appellee instituted a proceeding in the Carter county court in the manner provided by an act to amend an act relating to roads and passways, found in Acts 1904, p. 311, c. 126. The county court entered the following judgment: “It appearing to the satisfaction of the court from the report of the commissioners herein that it is necessary for the petitioner, C. S. Moreland, to have a private tramway over the lands of the said Chesapeake Stone Company to get her stone from her stone quarry to the Chesapeake & Ohio Railway Company’s track, and that…
2Cases cited9 opinions
- Sherman v. BuickCalifornia Supreme Court · 1867
- Tracy v. Elizabethtown, Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1882
- Wild v. DeigIndiana Supreme Court · 1873
- Welton v. DicksonNebraska Supreme Court · 1894
- Osborn v. HartWisconsin Supreme Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Prater v. City Of BurnsideCourt of Appeals for the Sixth Circuit · 2002
- Prater v. City of BurnsideCourt of Appeals for the Sixth Circuit · 2002
- Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
33 more not listed; retrieve them via the Exa API.