Covington Short-Route Transfer Railway Co. v. Piel
Court of Appeals of Kentucky
Case 47 — APPEAL APPEAL PROM KENTON CIRCUIT COURT. Brief withdrawn. The provision of the statute authoinzing a private corporation to take possession of property condemned for its use upon the execution of a bond merely, is unconstitutional. The bond provided for is not “just compensation previously made” within the meaning of the Constitution. (Gen. Stats., ed. 1887, p. 281; Cooley on Const.
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Case 47 — APPEAL APPEAL PROM KENTON CIRCUIT COURT. Brief withdrawn. The provision of the statute authoinzing a private corporation to take possession of property condemned for its use upon the execution of a bond merely, is unconstitutional. The bond provided for is not “just compensation previously made” within the meaning of the Constitution. (Gen. Stats., ed. 1887, p. 281; Cooley on Const. Limit., pp. 694-697; Thompson v. Grand Gulf B. & B. Co., 3 Howard (Miss.), 240; Bloodgood v. Mohawk, &c., B. B. Co., 18 Wend., 9; s. c., 31 Am. Dec., 313, 320, and note, p. 375.) There must at least be a…
1Opinion of the Court
CHIEE JUSTICE PBYOB
delivered the ornrroir on the court.
This proceeding was had on the application of the appellant, the Covington Short-Route Transfer Railway Company, asking for the appointment of commissioners to assess the damages resulting from the condemnation of appellee’s house and lot, in the city of Covington, for railway purposes.
The commissioners appointed proceeded to value the property under the act approved April 11, 1882, and assessed the damages at seven thousand seven hundred and fifty dollars, and each party excepting to their award, a jury was empaneled in the county corirt…
2Cases cited4 opinions
- Arnold v. Cov. & Cin. Bridge Co.Court of Appeals of Kentucky · 1864
- Jackson v. Winn's HeirsCourt of Appeals of Kentucky · 1823
- Gashweller's heirs v. M'IlvoyCourt of Appeals of Kentucky · 1817
- Duncan v. Mayor of LouisvilleCourt of Appeals of Kentucky · 1871
3Cited by16 opinions
- State ex rel. Smith v. Superior CourtWashington Supreme Court · 1901
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Williams v. WeddingCourt of Appeals of Kentucky · 1915
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
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