Legal Opinion

Louisville & Nashville R. R. v. City of Louisville

Court of Appeals of Kentucky

Decided December 18, 1908PublishedCited by 31 opinions

CASE 11. — TWO PROCEEDINGS BY THE CITY OP LOUISVILLE AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. TO CONDEMN A RIGHT TO EXTEND ' CERTAIN STREETS ACROSS THE RAILROADS RIGH. OP WAY. Appeal from Jefferson Circuit Court; Common . Pleas Branch (First Division). Emmet Field, Judge. From a decree assessing damages in each case the railroad company appeals

1Opinion of the Court

Opinion of the Court by

Judge Carroll

Reversing.

These two cases, involving substantially the same questions of law and fact, were heard, and will he disposed of, together. In each the city of Louisville sought to condemn the land and right of way of the railroad company for the purpose of establishing two streets across the same. The action of the city was resisted upon several grounds that will he noticed in the course of the opinion.

The first objection, is that the charter of the city of Louisville does not authorize, except in a general way, condemnation proceedings for the purpose of…

2Cases cited11 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
  3. Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
  4. Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
  5. Chesapeake Stone Co. v. MorelandCourt of Appeals of Kentucky · 1907

6 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
  2. Kentucky Hydro-Electric Co. v. WoodardCourt of Appeals of Kentucky (pre-1976) · 1926
  3. St. Louis S. F. R. Co. v. LoveSupreme Court of Oklahoma · 1911
  4. Miller v. City of Georgetown, Etc.Court of Appeals of Kentucky (pre-1976) · 1945
  5. J. I. Case Threshing Machine Co. v. BarnesCourt of Appeals of Kentucky · 1909

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API