Louisville & N. R. v. Pierce

DUNCAN,-Justice.

This appeal marks the second appearance of this case before this Court. Upon the first appeal, a judgment which required appellant to enlarge an existing underpass for the use of appellees was reversed. Louisville & Nashville R. Co. v. Pierce, 313 Ky. 189, 230 S.W.2d 430, 17 A.L.R.2d 1244. There, it was held that appellant’s charter obligation with reference to constructing crossings where its’railroad traversed the land of another was not applicable to the track crossing appellees’ land which is operated under a lease from the Louisville, Henderson, and St. Louis Railroad…