Louisville & Frankfort Railroad v. Brown
Court of Appeals of Kentucky
Case 35. APPEAL FROM FRANKLIN CIRCUIT. Ord. Pet. 1. I lay it down as a clear principle of law that a party is not liable to an action of trespass quere clausum frigit, if he does not enter on the land, of the plaintiff and do some injury to it. 2. That a public improvement made by authority of law, and in strict conformity to the provisions thereof, is in no respect a nuisance, and that a private individual cannot maintain an action and recover damages, as for a nuisance, to…
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Case 35. APPEAL FROM FRANKLIN CIRCUIT. Ord. Pet. 1. I lay it down as a clear principle of law that a party is not liable to an action of trespass quere clausum frigit, if he does not enter on the land, of the plaintiff and do some injury to it. 2. That a public improvement made by authority of law, and in strict conformity to the provisions thereof, is in no respect a nuisance, and that a private individual cannot maintain an action and recover damages, as for a nuisance, to his property, unless he shows the authority has been transcended. In support of these positions I rely upon the…
1Opinion of the Court
Judge Duvall
delivered the opinion of the court:
The Lexington and Ohio Railroad company was incorporated by an act of the legislature, approved January 27, 1830; by the provisions of the 14th section of which they were authorized to construct a railroad from Lexington to some point on the Ohio river.
In May, 1832, the board of trustees of the town of Frankfort, at the instance of the railroad company, passed an ordinance granting to the latter, the right “to locate their road through any of the streets and alleys of the town, to the full extent that may be neessary to construct said road, and…
2Cases cited3 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Keasy v. City of LouisvilleCourt of Appeals of Kentucky · 1836
- Harrison v. Lexington & Frankfort RailroadCourt of Appeals of Kentucky · 1849