Stickley v. Chesapeake & Ohio Railroad
Court of Appeals of Kentucky
Case 56 — PETITION ORDINARY APPEAL EROM MASON CIRCUIT COURT. 1. Appellants arc the proper plaintiffs in this suit, notwithstanding they, in December, 1889, conveyed the property to another. (Chicago, &c., R. Co. v. Loeb, 59 Am. Rep., 341.) 2. If appellants had a cause of action growing out of the prudent operation of the road, it existed against whoever operated the road. (Opinion of Superior Court in L. & N. R. Co. v. Orr, 9 Ky.
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Case 56 — PETITION ORDINARY APPEAL EROM MASON CIRCUIT COURT. 1. Appellants arc the proper plaintiffs in this suit, notwithstanding they, in December, 1889, conveyed the property to another. (Chicago, &c., R. Co. v. Loeb, 59 Am. Rep., 341.) 2. If appellants had a cause of action growing out of the prudent operation of the road, it existed against whoever operated the road. (Opinion of Superior Court in L. & N. R. Co. v. Orr, 9 Ky. Law Rep., “677; Railroad Co. v. Hambleton, 40 Ohio St., 496.) An unreasonable obstruction of the access to an abutting lot owner’s property or the throwing of soot…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The appellants, in the year 1887, owned a house and lot in the city of Maysville, located on Third and Poplar streets, and fronting on Third- street. It is alleged in the petition that during the period these appellants owned the property the Maysville & Big Sandy Railroad Co. constructed a double track railroad on Third street, within six feet of the line of their lot and to the edge of a narrow sidewalk in front of it. That after the construction of the road and while the appellants owned the property, the Chesapeake & Ohio Railroad Co. took…
2Cases cited6 opinions
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
- Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
- Jeffersonville, Madison & Indianapolis R. R. v. EsterleCourt of Appeals of Kentucky · 1878
- Fulton v. Short Route Railway Transfer Co.Court of Appeals of Kentucky · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sterrett v. Northport Mining & Smelting Co.Washington Supreme Court · 1902
- Chesapeake & O. Ry. Co. v. SalyerCourt of Appeals of Kentucky (pre-1976) · 1938
- Ferguson v. Covington & C. El. Railroad & Transfer & Bridge Co.Court of Appeals of Kentucky · 1900
- Pence v. City of DanvilleCourt of Appeals of Kentucky · 1912
- Hazard Dean Coal Co. v. McIntoshCourt of Appeals of Kentucky · 1919
8 more not listed; retrieve them via the Exa API.