Turner v. Louisville & Nashville Railroad

Opinion op the Court by

Judge Settle

Affirming.

The appellant, John Turner, brought this action against the appellee, Louisville & Nashville Eailroad Company, in the Harlan circuit court seeking the recovery of damages for the alleged destruction by it of a private passway claimed to have been used by him as a means of leaving and reaching his land and home; it being alleged in the petition that the passway was destroyed by appellee in constructing and grading its roadbed and right of way where it runs through his land. It appears from other averments of the petition, and is admitted by…