Louisville & Nashville Railroad v. Marlow

Opinion of the Court by

Judge Thomas

Reversing.

■ The town of Pittsburgh, in Laurel county, is a mining town and extends along the railroad track of the appellant north and south for a considerable distance, the northern part of the town being known as Baxtertown, and just north of Baxtertown is another village known as East Bernstadt. About 350 yards north from the depot in Pittsburgh is a public road crossing over the right of way and track of appellant. Between this public crossing and the depot there has existed for twenty-five years or more a pathway on the railroad right of way on the *141east…