Legal Opinion

Cincinnati Southern Railway Co. v. Hudson

Court of Appeals of Kentucky

Decided April 25, 1889PublishedCited by 8 opinions

Case 75 — PETITION ORDINARY — APPEAL FROM KENTON CIRCUIT COURT. 1. An agreement by a railroad company with the owner of land to construct a crossing is a covenant running with the land and passes by a conveyance of the fee, and the owner of the fee only can bring an action for breach of the contract. (2 Washbume on Real Propex'ty, p. 263; Ky. Cent.

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Case 75 — PETITION ORDINARY — APPEAL FROM KENTON CIRCUIT COURT. 1. An agreement by a railroad company with the owner of land to construct a crossing is a covenant running with the land and passes by a conveyance of the fee, and the owner of the fee only can bring an action for breach of the contract. (2 Washbume on Real Propex'ty, p. 263; Ky. Cent. R. R. Co. v. Kenney, 82 Ky., 154; Easter v. L. M. R. R. Co., 14 Ohio St., 48; 1 Smith’s Leading Cases, 141; Coke on Littleton, 18 Sec.,12;. 2 Bl. Com. 241; Leake’s Digest of Land Law, 62 ; Gent v. Harx’ison, Johnson, 517; Bateman v. Hotchkiss, 31…

1Opinion of the Court

JUDGE HOLT

oeM'Veireh the opinion or the court.

May 19, 1875, the appellee, M. J. Hudson, was the •owner in fee of a valuable fai’m of 220 acres, lying upon the Covington and Lexington turnpike. The dwelling thereon was about seventy yards west of the turnpike, but connected with it by a passway leading directly to it. At the time named the appellee, in consideration, as the deed recites, of the benefit to be derived by the building of the road and of one dollar in hand paid, conveyed to the trustees of the Cincinnati Southern Railway a strip ■of land through his fai’m for the construction of…

2Cases cited3 opinions

  1. Taylor v. North Pacific Coast RailroadCalifornia Supreme Court · 1880
  2. Logansport, Crawfordsville & Southwestern Railway Co. v. WrayIndiana Supreme Court · 1875
  3. St. Louis, Jacksonville & Chicago Railroad v. LurtonIllinois Supreme Court · 1874

3Cited by8 opinions

  1. Sandy Valley & Elkhorn Railway Co. v. HughesCourt of Appeals of Kentucky · 1916
  2. Big Sandy Railway Co. v. Rice's Adm'rCourt of Appeals of Kentucky · 1912
  3. Chicago, Memphis & Gulf Railroad v. DoddsCourt of Appeals of Kentucky · 1916
  4. Henderson v. Harbison-Walker Refractories Co.Court of Appeals of Kentucky · 1915
  5. Witt v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1925

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