Louisville & Nashville R. R. v. Hopkins County
Court of Appeals of Kentucky
Case 92 — PETITIONS APPEALS PROM CHRISTIAN CIRCUIT COURT. I. A railroad constructed by means secured by subscriptions to its capital stock can not be taxed to pay for those subscriptions, even though the road has passed into the hands of a new company. (Applegate v. Ernst, 3 Bush, 648; Clark County Court v. E., L. & B. S. B. B. Co., MS. Op., April, 1886; O. & N. B. B. Co. v. Daviess County, 8 Ky.
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Case 92 — PETITIONS APPEALS PROM CHRISTIAN CIRCUIT COURT. I. A railroad constructed by means secured by subscriptions to its capital stock can not be taxed to pay for those subscriptions, even though the road has passed into the hands of a new company. (Applegate v. Ernst, 3 Bush, 648; Clark County Court v. E., L. & B. S. B. B. Co., MS. Op., April, 1886; O. & N. B. B. Co. v. Daviess County, 8 Ky. Law Bep., 773; L. & N. B. B. Co. v. Warren County Court, ’.5' Bush, 245.) 2. As appellant has exactly the road which it purchased from the old company, and the improvements are only such as time and…
1Opinion of the CourtChief Justice Lewis
As these four cases require the same recital of facts, and directly or incidentally involve the same questions of law, counsel have agreed they he heard and decided together.
In 1851 a corporation, “The Henderson and Nashville Railroad Company,” was chartered to construct a railroad from Henderson, Kentucky, to Nashville, Tennessee. But after securing the right of way and grading a portion of it — how much does not appear— *608the work was abandoned on account of the late war. In 1867 a company, “The Evansville, Henderson and Nashville Railroad Company,” was incorporated, and by purchase became…
2Cases cited5 opinions
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
- Ormsby v. City of LouisvilleCourt of Appeals of Kentucky · 1880
- City of Louisville v. AndersonCourt of Appeals of Kentucky · 1881
- Fecheimer Bros. & Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1886
- Applegate v. ErnstCourt of Appeals of Kentucky · 1868
3Cited by19 opinions
- Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
- Spalding v. City of LebanonCourt of Appeals of Kentucky · 1913
- Greene v. Taylor, Jr. & SonsCourt of Appeals of Kentucky · 1919
- Titus v. Rochester German InsuranceCourt of Appeals of Kentucky · 1895
- Louisville & Nashville Railroad v. Commonwealth ex rel. Marion CountyCourt of Appeals of Kentucky · 1890
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