Nield v. Louisville & Nashville Railroad

Opinion of the Court by

Judge Clarke

Reversing.

Upon a former appeal it was held that the petition herein of the L. & N. Railroad Company stated a cause of action against Nield for the cost of about 2,000 feet of railroad track constructed by the railroad company for a defunct corporation, the Edgemont Coal Company, *677whose assets Nield was alleged to have acquired and dissipated as sole stockholder with knowledge of plaintiff’s claim, and that it had not been paid. L. & N. R. Co. v. Nield, 186 Ky. 17, 216 S. W. 62

Upon the return of the case to the circuit court, the' petition was amended, issues…