Louisville & Nashville R. R. v. Scomp
Court of Appeals of Kentucky
CASE 42. — ACTION BY WILLIAM SCOMP AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR DAMAGES FOR OBSTRUCTING THEIR PASSWAY AND CONSTRUCTING-ADDITIONAL TRACKS AND STOPPING ITS TRAINS ON ITS RIGHT OF WAY THROUGH THEIR LANDS. Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiffs. Defendant appeals.
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CASE 42. — ACTION BY WILLIAM SCOMP AND OTHERS AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY FOR DAMAGES FOR OBSTRUCTING THEIR PASSWAY AND CONSTRUCTING-ADDITIONAL TRACKS AND STOPPING ITS TRAINS ON ITS RIGHT OF WAY THROUGH THEIR LANDS. Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiffs. Defendant appeals. The whole question presented in this record is one of an attempt to be paid the second time for the natural and probable consequences estimated and covered by consequential damages in the original finding, and the price paid, to-wit: fifteen hundred…
1Opinion of the Court
*333Opinion op the Court by
Judge Hobson
Reversing.
William Scomp owned a tract of land in Boyle county through which the Knoxville Branch of the Louisville & Nashville Railroad was located in the year 1865. Being unable to agree with Scomp, the railroad company filed in the the Boyle county court a proceeding to condemn the right of way through his land 66 feet wide containing 2.54 acres. Scomp was not satisfied with the judgment in the county court, and appealed to the circuit court, where he obtained a judgment for $125 for the land taken and $1,375 for the consequential damages, making in all…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
- Davis v. H. Feltman Co.Court of Appeals of Kentucky · 1901
- Clark v. HartCourt of Appeals of Kentucky · 1895
3Cited by11 opinions
- Louisville Nashville Rr. Co. v. Burnam, TrusteeCourt of Appeals of Kentucky (pre-1976) · 1925
- Bosworth v. State UniversityCourt of Appeals of Kentucky · 1915
- Warden v. Madisonville, H. & E. R. R.Court of Appeals of Kentucky · 1908
- Bertram v. BradleyCourt of Appeals of Kentucky (pre-1976) · 1935
- Moore v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1924
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