Louisville & Nashville Railroad v. Johnson's Administratrix

Opinion of the -Court by

Judge Dietzman

Reversing.

In 1912, Thomas C. Johnson, who owned a boundary of land along the Kentucky river in Lee county, for a valuable consideration deeded to the appellant for the purpose of straightening its track, a right of way through that boundary. As a part of the consideration for this conveyance, but in an instrument separate from the deed, appellant contracted with Johnson “to construct and maintain a combined freight and passenger station and a sidetrack on the lands described in said deed,” at a point between certain termini to be selected by Johnson, “the…