Broadway Coal Mining Co. v. Smith
Court of Appeals of Kentucky
CASE 89. — PROCEEDINGS BY CHARLES A. SMITH AND OTHERS AGAINST THE BROADWAY COAL MINING COMPANY AND ANOTHER TO OPEN A PUBLIC HIGHWAY. — Appeal from Ohio Circuit Court. T. F. Birkhead, Circuit Judge. From the judgment opening the road and awarding damages, defendants appeal. —
1Opinion of the Court
Opinion op the Court by
Judge Carroll —
Reversing.
This appeal is prosecuted from a judgment of the Ohio circuit court ordering- a public road to be opened over the land of appellants and others. The proceedings to open the road were instituted in the Ohio county court, and upon exceptions to the commissioners’ report a verdict was returned to the effect *728that the road was not necessary, and thereupon the court entered a judgment dismissing the petition, and awarding the landowners, among whom were the appellants, their costs against the petitioners, who are the appellees herein. After this the…
2Cases cited11 opinions
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
- City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
- City of Paducah v. AllenCourt of Appeals of Kentucky · 1901
- Big Sandy Ry. Co. v. DilsCourt of Appeals of Kentucky · 1905
- West Virginia, Railroad v. GibsonCourt of Appeals of Kentucky · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Commonwealth v. CombsCourt of Appeals of Kentucky (pre-1976) · 1932
- Harlan County v. ColeCourt of Appeals of Kentucky (pre-1976) · 1927
- Commonwealth v. WeissingerCourt of Appeals of Kentucky · 1911
23 more not listed; retrieve them via the Exa API.