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Legal Opinion

Lexington & Eastern Railway Co. v. Hargis

Court of Appeals of Kentucky

Decided May 21, 1918PublishedCited by 6 opinions

Appeal from Breathitt Circuit Court.

1Opinion of the Court

Opinion of the Court by

William Eogers Clay, Commissioner

Eeversing.

On June 8, 1889, James W. Lindon, who was the owner of a large tract of land in Breathitt county, sold and conveyed to the Kentucky Union Eailway Company, a right of way through said land, the deed containing the following coyenants:

“Said party of the second part agrees and binds itself to construct a good road, to be used as a private passway across said railroad at grade, or underneath said railroad, at its option, which cross-road shall be twelve feet wide with good grade, at ‘Hie’s Branch’; said cross-road to be so…

2Cases cited4 opinions

  1. Watkins v. Country ClubSupreme Court of Georgia · 1904
  2. Brown's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1898
  3. New York Carbonic Acid Gas Co. v. Geyser Natural Carbonic Acid Gas Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Roberts v. StephensAppellate Court of Illinois · 1891

3Cited by6 opinions

  1. Dugan v. LongCourt of Appeals of Kentucky (pre-1976) · 1930
  2. Illinois Central Railroad Company v. WardCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Buck Creek Railroad Co. v. HawsCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Rhodes Cemetery Ass'n v. MillerWest Virginia Supreme Court · 1940
  5. Golden v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1929

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