Louisville & Nashville R. R. v. Emerson
Court of Appeals of Kentucky
CASE 14. — ACTION BY W. R. EMERSON AGAINST THE LOUISVILLE & NASHVILLE RY. CO. TO COMPEL IT TO PUT IN A CROSSING. Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 14. — ACTION BY W. R. EMERSON AGAINST THE LOUISVILLE & NASHVILLE RY. CO. TO COMPEL IT TO PUT IN A CROSSING. Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. As Emerson did not own the land at the time the railroad was constructed, having purchased only a part of a farm through which the railroad was constructed, about fifty years after the road was constructed, the provisions of appellant’s charter making it its duty to provide proper wagon ways across its railroad for persons whose land was divided…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Affirming.
When the Louisville & Nashville Railroad was built through Warren oeunty, the company was unable to agree with Mrs. A. R. Strange for the right of way across her tract of 120 acres of land. A condemna*106tion suit was filed in 1858. The value of the right of way was fixed at $383; the strip- taken being 66 feet wide, 2,565 feet long, and containing 4.04 acres. A part of Mrs. Strange’s tract lay on both sides of tire right of way, and during the year 1858 the railroad built for her a crossing from one part of the track to the other. This crossing was…
2Cases cited3 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Stumpe v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- People v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1890
3Cited by4 opinions
- Franklin County v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1933
- Louisville Nashville Railroad Co. v. HargisCourt of Appeals of Kentucky (pre-1976) · 1929
- Louisville & Nashville Railroad v. SuttonCourt of Appeals of Kentucky · 1969
- L. & N. R. R. v. TroutmanCourt of Appeals of Kentucky · 1910