Legal Opinion

Bardstown & Louisville Turnpike Co. v. Nelson County

Court of Appeals of Kentucky

Decided February 19, 1904PublishedCited by 5 opinions

Case 79 — Action by Bardstown & Louisville Turnpike Co. against Nelson County for the ■Price of the Turnpike in said County. APPEAL FROM NELSON CIRCUIT COURT. From the Judgment Plaintiff Appeals.

1Opinion of the Court

Opinion or the court by

JUDGE O’REAR

Reversing.

Nelson county by vote in 1897 adopted the provisions of the statute known as the “Free Turnpike Act” (section 4748b, Ky. St., 1908). In the following March the owners of the Bardstown & Louisville' Turnpike road and Nelson county (the latter acting through its fiscal court) entered into a contract by which the county was to acquire that *677part of appellant’s road in Nelson county (about 13 miles), and fixing tbe compensation to be paid by tbe county for tbe use of the road pending the fixing of its value by commissioners or a jury according to the…

2Cases cited5 opinions

  1. Whaley v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. Andrews v. Hayden's Adm'rCourt of Appeals of Kentucky · 1889
  3. Richmond & Lancaster Turnpike Co. v. Madison County Fiscal CourtCourt of Appeals of Kentucky · 1902
  4. Maysville & Lexington Turnpike Road Co. v. WigginsCourt of Appeals of Kentucky · 1898
  5. Bardstown & Lexington Turnpike Co. v. Nelson CountyCourt of Appeals of Kentucky · 1901

3Cited by5 opinions

  1. McCrocklin v. Nelson County Fiscal CourtCourt of Appeals of Kentucky · 1917
  2. Taylor v. Adair CountyCourt of Appeals of Kentucky · 1905
  3. Greenup v. WilhoiteCourt of Appeals of Kentucky (pre-1976) · 1926
  4. City of Frankfort v. FussCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Louisville Railway Co. v. WellingtonCourt of Appeals of Kentucky · 1910

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