Louisville v. Hess
Court of Appeals of Kentucky
Case 76 — PETITION ORDINARY APPEAL PROM DAVEISS CIRCUIT COURT. 1. An abutting land owner can not recover possession of a public highway.
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Case 76 — PETITION ORDINARY APPEAL PROM DAVEISS CIRCUIT COURT. 1. An abutting land owner can not recover possession of a public highway. (West Covington v. Ereking, 8 Bush, 123.) 2. Where a person who sees another in good faith expending labor and money in making an improvement, believing he has a right to make that improvement, fails to object, he will be afterward estopped from complaining by reason of his failure to speak when he should have done so. 3. Assuming that appellee in this case would have had the Tight to recover possession from an ordinary individual not engaged in any public…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
• The appellees own certain land in Daveiss county that, abuts on a public highway, and by virtue of that fact they own that part of said highway upon which the *409appellant constructed and is now operating its railroad. The appellees instituted their respective actions of eject* ment to recover the part of the highway so taken by the appellant. The lower court having decided that the appellees, as against the appellant, were entitled to the possession of said land, it has appealed from that judgment.
The appellees were, at the time the appellant…
2Cases cited1 opinion
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
3Cited by6 opinions
- Buck Creek Railroad Co. v. HawsCourt of Appeals of Kentucky (pre-1976) · 1934
- Waller v. SyckCourt of Appeals of Kentucky · 1912
- Dulaney v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1897
- Charles v. PhillipsCourt of Appeals of Kentucky · 1918
- Bork v. United New Jersey Railroad & Canal Co.Supreme Court of New Jersey · 1904
1 more not listed; retrieve them via the Exa API.