Legal Opinion

Bedford-Bowling Green Stone Co. v. Oman

Court of Appeals of Kentucky

Decided April 28, 1903PublishedCited by 18 opinions

Case 44 — Action by John Oman and Others against the Bedford- ■ Bowling Green Stone Company and. L. .& N. E. B. Co. for the Use of a .Switch from said Bailroad to the Stone Quarry. appeal from warren CTROUIT COURT.

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Case 44 — Action by John Oman and Others against the Bedford- ■ Bowling Green Stone Company and. L. .& N. E. B. Co. for the Use of a .Switch from said Bailroad to the Stone Quarry. appeal from warren CTROUIT COURT. Judgment for Plaintiffs and Both Defendants Appeal. .CLASSIFICATION OF QUESTIONS DISCUSSED. 1. A railroad built upon lands of a lessor by a lessee under requirements of tbe lease become part of tbe realty and become the absolute property of the lessor (owner of the fee) at the end of the term in the absence of a reservation to the contrary in the lease. White Stone Quarry Co. v.…

1Opinion of the Court

Opinion op the court by

JUDGE BARKER,

Affirming as to L. & •N. R. R. Co., and reversing as to Bedford-Bowling Green Stone Company.

This action involves the rights of appellees to the use of a railroad switch which runs from the Memphis Junction of the Louisville & Nashville Railroad Company’s line in Warren county, Kentucky, about 3Y> miles, to the quarry of the appellant Bedford-Bowling Green Stone Company. It is not necessary, for the purpose of this case to *374set forth the statements in the pleadings with any minute particularity. It is sufficient to say that the BedfordBowling Green .Stone…

2Cases cited5 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Hays v. Pennsylvania Co.United States Circuit Court · 1882
  3. Louisville & N. R. R. Co. v. Pittsburg & K. Coal Co.Court of Appeals of Kentucky · 1901
  4. McCoy v. C., I., St. L. & C. R. Co.United States Circuit Court · 1882
  5. Southern Express Co. v. St. Louis, Iron Mountain & Southern Ry. Co.U.S. Circuit Court for the District of Eastern Missouri · 1882

3Cited by18 opinions

  1. Burke v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1949
  2. City of Covington v. SullivanCourt of Appeals of Kentucky · 1916
  3. Dawkins Lumber Co. v. L. Carpenter & Co.Court of Appeals of Kentucky (pre-1976) · 1926
  4. Greasy Creek Min'l Co. v. Ely Jellico Coal Co.Court of Appeals of Kentucky · 1909
  5. Hall v. Cumberland Pipe Line Co.Court of Appeals of Kentucky · 1922

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