Elizabethtown, Railroad v. Ashland, Street Railway Co.
Court of Appeals of Kentucky
Case 53 — PETITION EQUITY — APPEAL FROM BOYD CIRCUIT COURT. 1. One railroad can not cross another railway company’s road unless the right to do so has first been acquired by purchase or condemnation. This principle is binding whether the crossing is to be located in a public street, a county road or a turnpike, or upon private property where the railroad company owns an easement in the land in which the railroad is built.
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Case 53 — PETITION EQUITY — APPEAL FROM BOYD CIRCUIT COURT. 1. One railroad can not cross another railway company’s road unless the right to do so has first been acquired by purchase or condemnation. This principle is binding whether the crossing is to be located in a public street, a county road or a turnpike, or upon private property where the railroad company owns an easement in the land in which the railroad is built. The Legislature can not give the right to cross without compensation, but only the right to purchase or condemn the right of way. (Mills on Em. Domain, sec. 44; Lewis on Em.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
We learn from the petition of the appellants that they are the owners and operators of a railroad running through the town of Ashland, Kentucky, and crossing what is now Winchester avenue, in that town, but which was the old Ashland and Catlettsburg turnpike road when the railroad was first constructed; that the appellee owns a street railway in Ashland, and under the authority of its charter is about to extend it to the town of Catlettsburg, some four miles distant, along the turnpike road named. To prevent this extension, or at least to…
2Cases cited3 opinions
- Louisville Bagging Manufacturing Co. v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1893
- Brooklyn Central & Jamaica Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1861
- Johnson's adm'r v. Louisville City Railway Co.Court of Appeals of Kentucky · 1874
3Cited by9 opinions
- Diebold v. Kentucky Traction Co.Court of Appeals of Kentucky · 1903
- South East & St. Louis Railway Co. v. Evansville & Mt. Vernon Electric Railway Co.Indiana Supreme Court · 1907
- Southern Railway Co. v. Atlanta Railway & Power Co.Supreme Court of Georgia · 1900
- Louisville & Nashville R. R. v. Bowling Green Ry. Co.Court of Appeals of Kentucky · 1901
- Louisville & N. R. v. New Orleans Terminal Co.Supreme Court of Louisiana · 1908
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