Louisville & Nashville Railroad v. Geoghagan

Opinion of the Court by

Sandidge, Commissioner

Reversing.

Tbis appeal involves tbe question of tbe- right of appellee, under section 3779a-l, Kentucky Statutes, to condemn a crossing over tbe right of way and tracks of tbe *199appellant. The proceeding was instituted and prosecuted to a successful termination by appellee in the Old-ham county court. An appeal was taken by appellant to the /Oldham circuit court and there tried anew with the same result, except that appellant was awarded increased damages. This appeal has been prosecuted from the judgment of the Oldham circuit court and numerous…