Illinois Central Railroad v. Taylor

Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

This is the second appeal of this case. The opinion on the former appeal may be found in 164 Ky. 150, 175 S. W. 26. 165 Ky. 503, 177 S. W. 293.

Appellees are the owners of a lot containing 4:51 acres subject to “the right of way for railroad purposes as now established, ’ ’ which right of way was conveyed to appellants’ predecessor in title, by deed dated July 5, 1892. On the first trial, appellants were awarded a right of way through the lot sixty-six feet in width, and appellees were adjudged to be the owners of the remainder…