Lexington and Ohio II

Lexington and Ohio II - The Lexington Ohio Rail Road...

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{ PAGE | 7 } The Lexington & Ohio Rail Road Company against Applegate and Others. COURT OF APPEALS OF KENTUCKY 38 Ky. 289; 1839 Ky. LEXIS 56; 8 Dana 289 June 19, 1839, Decided PRIOR HISTORY: [**1] FROM THE LOUISVILLE CHANCERY COURT. DISPOSITION: Decree dismissing the cross bill affirmed; and decree perpetuating injunction reversed; and cause remanded, with instructions. COUNSEL: Mr. Guthrie and Mr. J. T. Morehead for the appellants; Mr. Crittenden and Mr. Pirtle for the appellees. JUDGES: CHIEF JUSTICE ROBERTSON. OPINIONBY: ROBERTSON [*289] CHIEF JUSTICE ROBERTSON delivered the opinion of the Court. This appeal brings up for revision a decree of the Chancellor of the city of Louisville, perpetually enjoining the Lexington and Ohio Rail Road Company "from running, using or employing their cars and carriage, by 'steam or otherwise, upon their rail road along Main "street between Thirteenth street and Sixth street," in the said city. [*290] By an act of the Kentucky Legislature, approved in 1830, "the Lexington and Ohio Rail Road Company" was incorporated--with authority to construct a rail road from Lexington, to "some one or more points on the Ohio river;" and to use any land and materials, necessary for that purpose, by obtaining the consent of the owner, or by paying the value thereof, to be assessed upon a writ of ad quod damnum; and "to place on the road, when constructed, [**2] all machines, wagons, vehicles or carriages which they may deem necessary and proper for the purpose of transportation;" and, also, to exact a prescribed toll for transportation of persons and property on the rail road. Having determined to make a point on the Ohio river, at or near the city of Louisville, the terminus, the company located its rail road from Lexington to Louisville, constructed it as far as Frankfort, and partially graded it between Louisville and Frankfort; and, desiring to extend the road, through Louisville, to the Ohio river, below "the falls," it obtained a supplemental act, in 1833, authorizing such extension. Under the authority of these enactments, the company, with the concurrence of the Mayor and Council of Louisville, extended the location of its road, within that city, to a designated point in Jefferson street; and, having afterwards obtained the consent of the Mayor and Council, to the construction of the road from Portland, below "the falls," to Thirteenth street; thence along Main street, to Sixth cross street, and thence to the wharf; with permission "to run its cars by steam, at the rate of not more than six miles an hour, between Sixth and Thirteenth [**3] streets"--it constructed the road accordingly, from Portland to
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{ PAGE | 7 } the intersection of Main street and Sixth cross street, in Louisville; and, from the 29th of April, 1838, until arrested by the Chancellor, on the 26th of October, 1838, it had used the rail road between those points, chiefly by transporting daily about five hundred and fifty passengers, in cars, propelled
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Lexington and Ohio II - The Lexington Ohio Rail Road...

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