Legal Opinion

Richmond, Nicliolasville, Irvine & Beattyville R. R. v. Estill County

Court of Appeals of Kentucky

Decided March 1, 1899PublishedCited by 1 opinion

Case 107 — ACTION FOR DAMAGES (No brief on file.) 1 The verdict of the jury is sustained by proper evidence and should not be disturbed. 2. Althougt the witnesses gave in gross the amount of damages, still by cross-examination the appellant got separately and distinctly the items constituting the amount. 3. The demurrer to the petition should have been overruled. 4. The Demurrer to the - Paragraph, of the Defendant’s Answer was Properly Sustained. — While the Legislature may…

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Case 107 — ACTION FOR DAMAGES (No brief on file.) 1 The verdict of the jury is sustained by proper evidence and should not be disturbed. 2. Althougt the witnesses gave in gross the amount of damages, still by cross-examination the appellant got separately and distinctly the items constituting the amount. 3. The demurrer to the petition should have been overruled. 4. The Demurrer to the - Paragraph, of the Defendant’s Answer was Properly Sustained. — While the Legislature may authorize by implication or by express language of the charter, a railroad company to occupy a highway, still they can…

1Opinion of the Court

JUDGE HOBSON

delivered the opinion of the court.

Appellant’s proposed line of railroad crosses and runs along with, the county road leading from tbe town of Irvine, in Estill county, to Whynot, in Lee county. This action was brought by appellee to recover damages to the highway from the building of the railroad, and a recovery was had in the court below for the sum of $8,000.

On the trial, the court allowed proof to be made by a number of witnesses that the running of the railroad across or near the county road endangered those traveling on the county road; and the witnesses were allowed to…

2Cited by1 opinion

  1. Big Sandy Ry Co. v. Boyd CountyCourt of Appeals of Kentucky · 1907

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