Kirk-Christy Co. v. Am. Ass'n
Court of Appeals of Kentucky
CASE 66. — SEPARATE CONDEMNATION PROCEEDINGS TO SECURE RIGHT OP WAY BY THE KIRK-CHRISTY COMPANY, AGAINST THE AMERICAN ASSOCIATION, INCORPORATED, AND THE LOUISVILLE PROPERTY CO. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge.
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CASE 66. — SEPARATE CONDEMNATION PROCEEDINGS TO SECURE RIGHT OP WAY BY THE KIRK-CHRISTY COMPANY, AGAINST THE AMERICAN ASSOCIATION, INCORPORATED, AND THE LOUISVILLE PROPERTY CO. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From a judgment dismissing the proceedings plaintiff appeals — 1. We submit that the 'act of the Kentucky Legislature of 1904, c. 126,. p. 311, authorizing the condemnation of lands for the purpose of hauling timber from other lands over them to market, is a valid exercise of the legislative power, demanded by necessity in the interest of justice, and dictated…
1Opinion of the Court
*671Opinion op the Court by
Judge Hobson
-Reversing.
•These proceedings were instituted in the Bell county court by the Kirk-Christy Company against the Louisville Property Company and the American Association, Incorporated, to condemn a right of way over their lands under the act of 1904, so that it might get out certain timber owned by it. See Acts 1904, p. 311, c. 126. The county court dismissed the proceedings on- the ground that the act is unconstitutional. The plaintiff appealed to the circuit court, which concurred in the same view. From this judgment, the appeals before us are prosecuted.
In…
2Cases cited1 opinion
- Chesapeake Stone Co. v. MorelandCourt of Appeals of Kentucky · 1907
3Cited by5 opinions
- Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
- Exall v. HollandCourt of Appeals of Kentucky · 1915
- A. W. Cline v. Kansas Gas and Electric Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
- Abbott v. Southern Subaru Star, Inc.Court of Appeals of Kentucky · 1978
- Asher v. McKnightCourt of Appeals of Kentucky · 1908