Payton v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 8 — Action by George W. Payton against Louisville & N. R. R. Co. to Compel Said Company to Restore Cattle Guards Removed by it APPEAL PROM HARDIN CIRCUIT COURT. Judgment for Dependant and Plaintive Appeals.
Read the full summary
Case 8 — Action by George W. Payton against Louisville & N. R. R. Co. to Compel Said Company to Restore Cattle Guards Removed by it APPEAL PROM HARDIN CIRCUIT COURT. Judgment for Dependant and Plaintive Appeals. The appellant alleges in his petition, that he and those from whom he bought, have been for thirty-five or forty years in possession of a tract of land through which appellee’s railroad runs, and that appellee had erected and maintained two cattle guards consisting of two . wings, each on appellee’s line of railway through appellant’s land near his barn, and at a crossing on ■said…
1Opinion of the Court
*55Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
The appellant, George W. Payton, brought this suit to compel the appellee, the Louisville & Nashville Railroad Company, to restore cattle guards removed by it, which it had maintained for 35 or 40 years on both sides of his farm .crossing, and also at the property line between his farm and the one adjacent, on the ground that by long-continued use of the passway he had acquired an easement in the wing fences and cattle guards which inclosed iit, and that their removal had rendered his crossing less convenient in driving stock across the…
2Cases cited1 opinion
- McKee v. C., N. O. & T. P. Ry. Company's ReceiverCourt of Appeals of Kentucky · 1897
3Cited by4 opinions
- Louisville & Nashville Railroad v. LewisCourt of Appeals of Kentucky (pre-1976) · 1925
- Chesapeake & Ohio Railway Co. v. Vaughan's AdministratrixCourt of Appeals of Kentucky · 1914
- Lexington & Eastern Railway Co. v. RussellCourt of Appeals of Kentucky · 1917
- Mansfield v. Frankfort & Cincinnati Railway Co.Court of Appeals of Kentucky · 1921