Shirley v. Southern Ry. Co.
Court of Appeals of Kentucky
Case 23. — PROCEEDINGS BY THE SOUTHERN RY. CO. IN KENTUCKY TO CONDEMN THE LAND OP GEORGE W. SHIRLEY. Appeal from Mercer Circuit Court. M. C. Saueley, Circuit Judge. From the judgment awarding damages defendant appeals.
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Case 23. — PROCEEDINGS BY THE SOUTHERN RY. CO. IN KENTUCKY TO CONDEMN THE LAND OP GEORGE W. SHIRLEY. Appeal from Mercer Circuit Court. M. C. Saueley, Circuit Judge. From the judgment awarding damages defendant appeals. We insist that this- case should be reversed because of the following errors: 1. Because the court erred in overruling the motion of defendant herein to confirm the commissioner’s report as to incidental damages allowed therein of $1,250, there being no exceptions thereto filed by the plaintiff. 2. Because the court erred in refusing, upon the defendant’s motion, to dismiss…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
The Southern Ry. in Kentucky is a corporation organized under the laws of this State, and was, prior to the time when this controversy arose, operating a railroad from Louisville to Burgin, Ky. Desirsiring to extend its line from Burgin to Danville, in order to secure the necessary right of way, it sought, among other things, to condemn a part of the farm belonging to the appellant, George W. Shirley, situated in Mercer county, under the provision of sub-div. 4, art. 5, chap. 32, Ky. Stats. 1903. That part of the farm which it undertook to condemn is a strip…
2Cited by3 opinions
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Asher v. Kentucky River Timber & Coal Co.Court of Appeals of Kentucky · 1917
- Skidmore v. MitchellCourt of Appeals of Kentucky (pre-1976) · 1945