Legal Opinion

Manion v. Louisville, St. Louis & Texas R. Co.

Court of Appeals of Kentucky

Decided October 4, 1890PublishedCited by 20 opinions

Case 79 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. A railroad company can not abandon the purpose of taking property which it has had condemned for its use, and thus escape liability for the damages assessed. (2 Vroom, N. J., p. 72; 86 Am. Dec., 199; First Nat. Bank v. West Biver B. Co., 49 Vt., 167; 27 Vt., 39; 25 Mo., 532; 2 Mo.

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Case 79 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. A railroad company can not abandon the purpose of taking property which it has had condemned for its use, and thus escape liability for the damages assessed. (2 Vroom, N. J., p. 72; 86 Am. Dec., 199; First Nat. Bank v. West Biver B. Co., 49 Vt., 167; 27 Vt., 39; 25 Mo., 532; 2 Mo. Ap., 105; 44 Mo., 116; 10 How., 395; 62 Me., 272; 9 Iowa, 438; 12 Mo., 328; 60 N. Y., 319; 28 N. H., 244; 13 Kansas, 514; 56 N. Y., 144; 1 Hill, 545; 11 Wend., 155; 1 Wend., 318; 73 N. Y., 560; 7 John., 542; 18 John., 545; 20 La. Ann., 497; 39 N. J. L.,…

1Opinion of the Court

JUDGE PEYOE

delivered the opinion of the court.

The General Statutes, chapter 18, b, sec. 7, provides: “Upon confirmation of the report of commissioners by the county court, or the assessment of damages by said court as herein provided, and the payment or tender' to the owners of the amount due as shown by the report of the commissioners when confirmed, or as shown by the judgment of the county court when the damages are assessed by said court, and all costs adjudged to the owner, the railroad company shall be-entitled to take possession of said land or material, and to use and control the same…

2Cases cited4 opinions

  1. Hamilton v. DillinSupreme Court of the United States · 1875
  2. Lamb v. SchottlerCalifornia Supreme Court · 1880
  3. Gear v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
  4. Duncan v. Mayor of LouisvilleCourt of Appeals of Kentucky · 1871

3Cited by20 opinions

  1. Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
  2. State ex rel. Struntz v. Spokane CountyWashington Supreme Court · 1915
  3. Aldridge v. CommissionerUnited States Tax Court · 1968
  4. State v. HelmArizona Supreme Court · 1959
  5. Potter v. WallaceCourt of Appeals of Kentucky · 1919

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