Lou. & Nash. R. R. v. Finley
Court of Appeals of Kentucky
Case 45 — PETITION ORDINARY APPEAL PROM WHITLEY CIRCUIT COURT. The injury complained of being common to all, and the damages being consequential and not direct, no action will lie.
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Case 45 — PETITION ORDINARY APPEAL PROM WHITLEY CIRCUIT COURT. The injury complained of being common to all, and the damages being consequential and not direct, no action will lie. (Barr v. Stephens, 1 Bush, 293; Cosby v. O. & N. B. B. Co., 10 Bush, 292; Mills on Eminent Domain, sec. 183; 25 Vermont, 59; Kenneth’s Petition, 24 N. H., 139; E. & P. B. B. Co. v. Holm, 8 Bush, 082.) Por actual and direct damages caused by the opening or alteration of public ways an adjacent property owner is entitled to recover. (Keasy v. City of Louisville, 4 Dana, 154; L. & N. R. R. Co. v. Hoclge, 6 Bush; B.,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This action is in the nature of case to recover damages from the Louisville and Nashville Railroad Company by reason of the construction of its road over and near the property of the appellee, H. P. Finley. It •consists of three tracts, lying near each other, but not adjoining. Over two of them he sold the right of way to the company. The road as built runs through ■one of these, dividing it; and as to it the claim for ■damage is for the wow-building of crossings, as required by the appellee’s charter, to enable the owner to pass irom one portion…
2Cases cited1 opinion
- Louisville & Nashville R. R. v. HodgeCourt of Appeals of Kentucky · 1869
3Cited by11 opinions
- White v. Southern Railway Co.Supreme Court of South Carolina · 1927
- Postal Telg. Cable Co. v. Louisville Cotton Oil Co.Court of Appeals of Kentucky · 1909
- Shannon v. Stratton & TersteggeCourt of Appeals of Kentucky · 1911
- Stickley v. Chesapeake & Ohio RailroadCourt of Appeals of Kentucky · 1892
- New York Life Ins. v. Brown's AdmrCourt of Appeals of Kentucky · 1902
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