Tracy v. Elizabethtown, Lexington & Big Sandy Railroad
Court of Appeals of Kentucky
Case 49 — EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The necessary construction of appellee’s charter requires that appellants should have had actual notice. 2. The term at which the verdicts were confirmed was not the next regular term, and the court, at the February term, 1880, had no authority to hear or confirm them. 3. The question of the necessity for the taking appellants’ property for the use of appellee’s railroad should be determined, not by appellee, but by the…
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Case 49 — EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The necessary construction of appellee’s charter requires that appellants should have had actual notice. 2. The term at which the verdicts were confirmed was not the next regular term, and the court, at the February term, 1880, had no authority to hear or confirm them. 3. The question of the necessity for the taking appellants’ property for the use of appellee’s railroad should be determined, not by appellee, but by the court. Appellee cannot adjudicate upon this question. The petition of appellee should have shown how much land it was…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The thirteenth section of an act incorporating the Elizabethtown, Lexington and Big Sandy Railroad Company (2d volume Session Acts, 1869), provides “that the president and directors, or a majority of them, or their authorized, agents, may agree with the owners of any land, earth, stone, timber, or other materials or improvements which may beivanted for the construction or repair of said road or any of their works, for the purchase in fee-simple, or the use and occupation of the same; and if they cannot agree, or if the owner or owners, or any of…
2Cases cited2 opinions
- Jackson v. Winn's HeirsCourt of Appeals of Kentucky · 1823
- Harper v. Lexington & Ohio Rail RoadCourt of Appeals of Kentucky · 1834
3Cited by31 opinions
- Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
- Henderson v. City of LexingtonCourt of Appeals of Kentucky · 1908
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Railway Co. v. PettySupreme Court of Arkansas · 1893
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