Louisville & Nashville Railroad v. Glazebrook
Court of Appeals of Kentucky
CASE 81 — TRAVERSE APPEAL EBOM TAYLOR CIRCUIT COURT. CITED— Redfield on Railways, pp. 137-8,368. 18 Pick., 443. 1 Starkie on Evidence, p. 363. Sedgwick on Measure of Damages, p. 620. 14 B. Mon., 76; Louisville and Frankfort Railroad vs. Milton. 2 Metcalfe, 177-84; Louisville and Frankfort Railroad vs. Ballard.
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CASE 81 — TRAVERSE APPEAL EBOM TAYLOR CIRCUIT COURT. CITED— Redfield on Railways, pp. 137-8,368. 18 Pick., 443. 1 Starkie on Evidence, p. 363. Sedgwick on Measure of Damages, p. 620. 14 B. Mon., 76; Louisville and Frankfort Railroad vs. Milton. 2 Metcalfe, 177-84; Louisville and Frankfort Railroad vs. Ballard. CITED— 1 Starkie on Ev., sec. ed.,page 363. Redfield on Railways, 138, 369. Sedgwick on Damages, 620. 1 Cushing, 559; R. R. Co. vs. Clapp. 14 B. Mon., 76 ; Louisville and Frankfort R. R. vs. Milton. 2 Clark's Rep., 288; Henry vs. Dubuque R. R. 12 Barb., 227. 4 Ohio Rep., 308; Gusey vs.…
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court:
To entitle the appellant to the right of way through the appellee’s land, the Constitution, as often interpreted by this court, required the payment of the value of the use of the land taken, without any regard to consequential advantages resulting to the owner from the construction of the railroad. In addition to that value, as so assessed, the appellee was entitled by the charter to consequential damages resulting from the construction and use of the railroad through his ¡land, subject to set-off of consequential advantages. The case of…
2Cited by2 opinions
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- Louisville, St. Louis & Texas Railroad v. BarrettCourt of Appeals of Kentucky · 1891