Madisonville H. & E. R. R. v. Ross
Court of Appeals of Kentucky
CASE 19 — CONDEMNATION PROCEEDINGS BY THE MADI-SONVILLE, HARTFORD & EASTERN R. R. CO. AGAINST R. T. ROSS. — Appeal from Ohio Circuit Court. T. E. Birkhead, Circuit Judge.
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CASE 19 — CONDEMNATION PROCEEDINGS BY THE MADI-SONVILLE, HARTFORD & EASTERN R. R. CO. AGAINST R. T. ROSS. — Appeal from Ohio Circuit Court. T. E. Birkhead, Circuit Judge. From a judgment of the circuit court on appeal from the county court the Railroad Company appeals ■ — POINTS AND AUTHORITIES. 1.» The measure of appellee’s damage was the market value of the property at the time of US' appropriation, with the cost and expense of moving added: Covington Short Route Railway Co. v. Piel, 87 Ky., 267. 2. The opinion of witnesses as to the amount of damages, without stating facts upon which that…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Reversing.
The appellant, by appropriate procedure under the statute, sought to condemn the homestead o.f appellee for the purposes of its railroad. The property involved consisted of a half acre lot, with dwelling house and the usual outhouses, situated in the town of Hartford, Ky. . The commissioners appointed to appraise, the property for the purpose of condemnation valued it at $1,000. Upon a trial before a jury in the county court, upon the exceptions of the owner, a verdict was returned fixing the value as appriased by the commissioners. The owner…
2Cases cited2 opinions
- Covington Short-Route Transfer Railway Co. v. PielCourt of Appeals of Kentucky · 1888
- Commonwealth v. Parlin & Orendorff Co.Court of Appeals of Kentucky · 1904
3Cited by24 opinions
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- Kentucky Hydro-Electric Co. v. WoodardCourt of Appeals of Kentucky (pre-1976) · 1926
- Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
- Louisville & Nashville Railroad v. White Villa ClubCourt of Appeals of Kentucky · 1913
- Baucum v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1929
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