Elizabethtown & Paducah Ry. Co. v. Stickler

Court of Appeals of Kentucky

Elizabethtown & Paducah Ry. Co. v. Stickler

5 Ky. Op. 165, 1872 Ky. LEXIS 262

DecidedApril 19, 1872

StatusPublished

This text of 5 Ky. Op. 165 (Elizabethtown & Paducah Ry. Co. v. Stickler) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elizabethtown & Paducah Ry. Co. v. Stickler, 5 Ky. Op. 165, 1872 Ky. LEXIS 262 (Ky. Ct. App. 1872).

Pincite

Opinion

Opinion of the Court by

Judge Lindsay :

It seems to this court that the judgment in this -case ought not to be allowed to stand. Stickler assessed his tract of land at about twenty dollars per acre. Allowing it to be.worth -double that amount, the three acres taken by the railway company would be worth $120. The fifteen acres separated from the main tract by the road would be worth $600. The judgment is for $464, more than 3-5 of the entire value of the three acres taken, and the fifteen acres cut off by the road, and greatly exceeding the entire value ¡thereof, according to the assessment made by appellee when acting under oath.

Testing the measure of recovery by the rule laid down in the case of the Appellant’s Heirs v. Helm’s Heirs, this day decided, it is manifest that the damages allowed appellee are unreasonable and excessive.

Pindell, for appellants. Montgomery, for appellee.

Wherefore the judgment must 'be reversed. The cause is remanded for a new trial, upon the principles laid down in the opinion of this court in the above named case.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Court by

Judge Lindsay :

It seems to this court that the judgment in this -case ought not to be allowed to stand. Stickler assessed his tract of land at about twenty dollars per acre. Allowing it to be.worth -double that amount, the three acres taken by the railway company would be worth $120. The fifteen acres separated from the main tract by the road would be worth $600. The judgment is for $464, more than 3-5 of the entire value of the three acres taken, and the fifteen acres cut off by the road, and greatly exceeding the entire value ¡thereof, according to the assessment made by appellee when acting under oath.

Testing the measure of recovery by the rule laid down in the case of the Appellant’s Heirs v. Helm’s Heirs, this day decided, it is manifest that the damages allowed appellee are unreasonable and excessive.

Pindell, for appellants. Montgomery, for appellee.

Wherefore the judgment must 'be reversed. The cause is remanded for a new trial, upon the principles laid down in the opinion of this court in the above named case.

Cite This Page — Counsel Stack

Bluebook (online)

5 Ky. Op. 165, 1872 Ky. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elizabethtown-paducah-ry-co-v-stickler-kyctapp-1872.