Cornwall v. Lou. & Nash. R. R.
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The right to condemn property necessary for the construction of a railroad exists only hy virtue of express grant, and when such right is granted and passed to another railroad corporation hy legislative act, the grantee company takes the right, subject to and with notice of all the limitations and restrictions imposed upon the first corporation.
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Case 13 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The right to condemn property necessary for the construction of a railroad exists only hy virtue of express grant, and when such right is granted and passed to another railroad corporation hy legislative act, the grantee company takes the right, subject to and with notice of all the limitations and restrictions imposed upon the first corporation. (White & Tudor’s Leading Cases, vol. 2, p. 189.) 2. The power of a court of equity to restrain by injunction the exercise of the right of eminent domain by a cox'poration, when there…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
In 1870 the city of Louisville made a contract with the Louisville, Cincinnati and Lexington Railroad Company, then owning the right of way and having its track on Jefferson street, by which the company was, upon specified conditions, given the right to construct a track from the head of that street southward to a point of connection with the line of the Louisville and Nashville Railroad Company. The city further agreed to construct, at its own cost, by January 1,18.75, a road-bed suitable for a first-class double track railroad, north of Main…
2Cited by13 opinions
- Houston North Shore Railway Co. v. TyrrellTexas Supreme Court · 1936
- Louisville & Nashville R. R. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- City of Hazard v. EversoleCourt of Appeals of Kentucky (pre-1976) · 1931
- Home Laundry Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1916
- Chesapeake & O. Ry. Co. v. Greenup County, KentuckyCourt of Appeals for the Sixth Circuit · 1949
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