West v. Louisville, Cincinnati & Lexington Railroad
Court of Appeals of Kentucky
Case 78 — PETITION— APPEAL FROM PAYENTE CIRCUIT COURT. CITED Washburn on Easements, 99-103; ib. 41, 42, 46, 124, 130. Willes, 583, Winsmore v. Greenbank. Oro. Jac. 555, Brent v. Hadden.
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Case 78 — PETITION— APPEAL FROM PAYENTE CIRCUIT COURT. CITED Washburn on Easements, 99-103; ib. 41, 42, 46, 124, 130. Willes, 583, Winsmore v. Greenbank. Oro. Jac. 555, Brent v. Hadden. Shearman & Bedfield on Negligence, 2d edition, section 875. 2 Kern. 487. 3Starkie on Evidence, 992. 10 Massachusetts, 74. 11 M. & W. 176. 13 Connecticut, 307. 4 M. & W. 496. 1 Jones (N. C.) 23. 5 Mason, 197, Lyman v. Arnold. 2 Salk. 460, Rosewell v. Prior. 10 Massachusetts, 72, Staple v. Spring. 5 Cooke, 101, Penruddock’s case. 3 Denio, 306, Waggoner v. Germaine. 30 Alabama, 328, Commelin v. Cove & Co. 3…
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the court.
The appellants, the owners of a tract of land which they purchased in 1865, with a distillery subsequently erected thereon, adjoining the road-bed of the Louisville, Cincinnati & Lexington Railroad at and near its intersection of a branch of Elkhorn Creek in Eayette County, brought this action for the recovery of damages sustained, as they alleged, by the flooding and partial destruction of their distillery and property connected with it, in January, 1870.
It appears that the road-bed, as now used by the apjiellee, where it crosses said branch was…
2Cases cited1 opinion
- Shay v. Richmond & Lancaster Turnpike Road Co.Court of Appeals of Kentucky · 1866
3Cited by8 opinions
- Central Consumers Co. v. PinkertCourt of Appeals of Kentucky · 1906
- Central, Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Indiana · 1893
- Slight v. GutzlaffWisconsin Supreme Court · 1874
- Chesapeake & O. Ry. Co. v. SaulsberryCourt of Appeals of Kentucky (pre-1976) · 1935
- Daniels v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1912
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