Elizabethtown, Lexington & Big Sandy Railroad v. Combs
Court of Appeals of Kentucky
Case 33 — PETITION ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. CITED Act of Virginia of 1782, 3 Littell, 549. Act of Dec. 8, 1831 (sec. 20), incorporating city of Lexington. 4 Dana, Lex. A Ohio R. R. Co. v. Applegate, Ac. 9 Bush, 264, Newport A Cincinnati Bridge Co. v. Foote, Ac. 17 B. Mon. 763, L. A F. R. R. Co. v. Brown. (Brief not in record.)
1Opinion of the Court
JUDGE GOFER
delivered the opinion oe the court.
The appellee being the owner of a lot of ground in the city of Lexington, extending from Main Street back to the center of a small creek called “Town Fork,” granted a part of his lot next to the creek to the city, and the mayor and council proceeded, pursuant to. the grant, to lay out and construct thereon a street called Water Street, which has been kept open and used as a common highway of said city since about the year 1833.
Continuing to own and occupy the ground between Main and Water streets, the appellee in 1868 erected four double…
2Cases cited10 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Haynes v. ThomasIndiana Supreme Court · 1855
- Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
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3Cited by32 opinions
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
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