City of Newport v. Louisville & Nashville Railroad

Opinion of the Court by

Judge Miller

Affirming.

On July 21, 1913, the board of commissioners of the city of Newport, a city of the second class, adopted an ordinance requiring the appellee, the Louisville & Nashville Railroad Company, to take action in the manner therein specified, for the purpose of eliminating the grade crossings at Tenth, Eleventh and Monmouth streets, in Newport.

By the first section of the ordinance, the railroad company, at its own expense, was required, (1) to lower its tracks from Ninth street southwardly, by removing them westwardly about thirty feet from their present…