Legal Opinion

Woodfolk v. Nashville & Chattanooga Rail Road

Tennessee Supreme Court

Decided December 15, 1852PublishedCited by 2 opinions

This, was a proceeding in tbe circuit court of Davidson county, upon the facts and for tbe purpose stated in the opinion. At tbe January Term, 1852, TueNer, Judge, presiding, there was a judgment for tbe plaintiff, from which, the defendants appealed in error, and from which tbe plaintiff bimself prosecuted a xvrit of error. •argued: Increase in value of the adjacent property, is not the compensation meant by the Constitution.

Read the full summary

This, was a proceeding in tbe circuit court of Davidson county, upon the facts and for tbe purpose stated in the opinion. At tbe January Term, 1852, TueNer, Judge, presiding, there was a judgment for tbe plaintiff, from which, the defendants appealed in error, and from which tbe plaintiff bimself prosecuted a xvrit of error. •argued: Increase in value of the adjacent property, is not the compensation meant by the Constitution. “Even for the general good of the whole community, no unnecessary violation of the rights of property is, in any instance, allowed by the English law. If a new road,…

1Opinion of the CourtOaeutheRS, J.

The defendants located their road for about five hundred feet, on a six acre lot of plaintiff, in.the vicinity of Nashville. The road runs through the corner of the lot, separating about three-fourths of an acre from the main lot, and occupying in the bed, which is from seven to ten feet deep, about three-foiirths of an acre. The plaintiff has his family residence on the lot, and it is handsomely and tastefully improved. The part separated, has upon it, some negro houses, p, cow house, well and spring house. Tie. plaintiff applied to the circuit court of Davidson county, under the act of…

2Cases cited4 opinions

  1. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  2. Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
  3. Jacob v. City of LouisvilleCourt of Appeals of Kentucky · 1839
  4. Rice v. Danville, Lancaster & Nicholasville Turnpike Road Co.Court of Appeals of Kentucky · 1838

3Cited by2 opinions

  1. State, Department of Highways v. JenningsCourt of Appeals of Tennessee · 1968
  2. Piedmont Natural Gas Company, Inc. v. BlueRoad Fontanel, LLCCourt of Appeals of Tennessee · 2026

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API