Ill. Cent. Ry. Co. v. Elliot
Court of Appeals of Kentucky
CASE 12. — ACTION BY MRS. A. O. ELLIOTT, AGAINST THE ILLINOIS CENTRAL RAILWAY COMPANY, FOR DAMAGES TO HER PROPERTY BY THE CONSTRUCTION' AND OPERATION OF ITS RAILROAD. —May 21. Appeal from Ballard Circuit Court. E. J. Bugg, Circuit Judge. Judgment for plaintiff.
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CASE 12. — ACTION BY MRS. A. O. ELLIOTT, AGAINST THE ILLINOIS CENTRAL RAILWAY COMPANY, FOR DAMAGES TO HER PROPERTY BY THE CONSTRUCTION' AND OPERATION OF ITS RAILROAD. —May 21. Appeal from Ballard Circuit Court. E. J. Bugg, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. Where the occlusion of a street is in a block distant from the block in which the plaintiff’s property is located, and there are cross streets between such property and the point of occlusion affording ingress and egress to plaintiff’s property no right of action exists for the occlusion…
1Opinion of the Court
Opinion op the Court by
Judge Hobson —
Reversing.
Mrs. A. 0. Elliott is the owner of two lots in the town of Wickliffe, Ky., at the corner of Front and Court streets, on which she resides and conducts a hotel. Prior to the year 1904, the line of the railroad ran west of Mrs. Elliott’s house near the Mississippi river, which gradually encroached upon the railroad track; and, ff>avoid this trouble, the railroad company built a new line further from the river and between Mrs. Elliott’s house and the central part of the town of Wickliffe. The new line crosses both Front street and Court street, and…
2Cases cited8 opinions
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
- Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
- Gargan v. Louisville, New Albany & Chicago Railway Co.Court of Appeals of Kentucky · 1889
- Transylvania University v. City of LexingtonCourt of Appeals of Kentucky · 1842
- Willis v. K. & I. Bridge Co.Court of Appeals of Kentucky · 1898
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3Cited by5 opinions
- Gledhill v. StateNebraska Supreme Court · 1932
- Perry County v. TownesCourt of Appeals of Kentucky (pre-1976) · 1929
- Chesapeake & Ohio Railway Co. v. MayCourt of Appeals of Kentucky · 1914
- Chesapeake & Ohio Railway v. BlankenshipCourt of Appeals of Kentucky · 1914
- Randall v. Board of CommissionersIndiana Court of Appeals · 1921