Louisville & Nashville Railroad v. King

Opinion op the 'Court by

Judge Sampson

Affirming.

"When appellant, Louisville- & Nashville Railroad Company, sued S. L. King, drainage commissioner, in the Ohio circuit court, to recover $1,061.58, alleged to be due it under section 2380-13, Kentucky Statutes, as “ actual expenses incurred by the railroad company for opening its tracks,” to allow a floating dredge used in the construction of the drainage district to pass through the right of way, the drainage commissioner denied his liability for the claim, and by a second paragraph of his answer, in substance, pleaded that after institution of…