Louisville & Nashville Railroad v. Commonwealth
Court of Appeals of Kentucky
Case 94 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. An amendment of January 17, 1856, to the charter of the Louisville & Nashville Railroad Company expressly gives it the power to “purchase and hold any road constructed by another company.” (Í Acts 1855-6, p. 181). This was not the power merely to bur non-parallel or non-competing roads. Neither was it the power to buy only branch roads. No such words of limitation are. found in the act.
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Case 94 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. An amendment of January 17, 1856, to the charter of the Louisville & Nashville Railroad Company expressly gives it the power to “purchase and hold any road constructed by another company.” (Í Acts 1855-6, p. 181). This was not the power merely to bur non-parallel or non-competing roads. Neither was it the power to buy only branch roads. No such words of limitation are. found in the act. It was the power to buy any road constructed by another company. 2. The construction just mentioned of the charter provision…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF. THE COURT.
The Commonwealth of Kentucky brought this action December 11, 1893, against Louisville & Nashville Railroad Company, Chesapeake, Ohio & Southwestern Railroad Company, Ohio Valley Railroad Company, Owensboro, Falls of Rough & Green River Railroad Company, Short Route Railway Transfer Company, and Paducah Union Depot Company, all-corporations created hv statute of this State, for an injunction, nature -and extent of which is shown by the *688judgment rendered in pursuance of prayer of plaintiff’s petition and now appealed from, in substance, as…
2Cases cited3 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Hancock v. Louisville & Nashville RailroadSupreme Court of the United States · 1892
3Cited by8 opinions
- Hardy v. RussellCourt of Appeals of Kentucky · 1918
- State v. Pacific Express Co.Nebraska Supreme Court · 1908
- Trust Co. v. StateSupreme Court of Georgia · 1900
- Fields v. Holland & SonCourt of Appeals of Kentucky · 1914
- Commonwealth ex rel. Breathitt v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1911
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