Treacy v. Elizabethtown, Lexington & Big Sandy Railroad
Court of Appeals of Kentucky
Case 39 —PETITION APPEAL PROM FAYETTE CIRCUIT COURT. 1. The act of 1882 applied to and repealed the provisions of the charters of all railroad corporations, so far as they provided for the condemnation of property, and substituted for them the uniform rule therein declared. (Acts of 1882, vol. 1, p. 83; Chattaroi B. B. Co. v. Kinner, 81 Ky., 221) ■ 2. The repeal of the law under which the proceedings are being had, ren ders them void from the beginning.
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Case 39 —PETITION APPEAL PROM FAYETTE CIRCUIT COURT. 1. The act of 1882 applied to and repealed the provisions of the charters of all railroad corporations, so far as they provided for the condemnation of property, and substituted for them the uniform rule therein declared. (Acts of 1882, vol. 1, p. 83; Chattaroi B. B. Co. v. Kinner, 81 Ky., 221) ■ 2. The repeal of the law under which the proceedings are being had, ren ders them void from the beginning. (Hampton v. Commonwealth, 19 Penn., 329; Commonwealth v. Beatty, 1 Watts, 382; Baltimore B. B. Co. v. Nesbit, 10 Howard, 305; Mills on…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
This is the second time this proceeding has been in this court. (See 80th Kentucky Reports, page 259.) •
Under the 13th and 14th sections of the appellee’s charter (Session Acts 1869, vol. 6, pages 222-3) a jus*275tice of the peace, upon the application of the appellee, was authorized to issuo a writ of ad quod darnmum; and the sheriff, by virtue of the writ, was authorized to impanel a jury in the country to find for the owners the value of the land that the appellee “wanted,” for the purpose of constructing its road ; also to assess the damages…
2Cases cited3 opinions
- Tracy v. Elizabethtown, Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1882
- Springfield & Illinois Southeastern Railway Co. v. HallIllinois Supreme Court · 1873
- Chattaroi Railway Co. v. KinnerCourt of Appeals of Kentucky · 1883
3Cited by8 opinions
- Western Union Telegraph Co. v. Louisville & Nashville RailroadSupreme Court of the United States · 1922
- Pence v. City of FrankfortCourt of Appeals of Kentucky · 1897
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1920
- City of Paris v. Kentucky Utilities Co.Court of Appeals of Kentucky (pre-1976) · 1939
- STATE HIGHWAY COM'N, ETC. v. WieczorekSouth Dakota Supreme Court · 1976
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