Boone v. Kentucky & Indiana Bridge Co.
Boone v. Kentucky & Indiana Bridge Co.
Opinion of the Court
Opinion by
The question raised in this case involves the right of the Kentucky and Indiana Bridge Co. to condemn the real estate of the appellant for its own use in constructing a railway from its bridge to connect with the Short Route R. Transfer Co. The right to make such a condemnation is claimed to be derived from the orig
The principal question arises as to the jurisdiction of the court of common pleas over the subject-matter, and in determining that question we must ascertain the extent of the power conferred by this charter upon the appellee in making such a condemnation for railroad purposes. Under the original act of incorporation the appellee is authorized to condemn, by proceedings similar to an action ordinary, such land as should be necessary for its purposes, that is, for the erection and construction of its bridge and the approaches leading to the same. By the amendatory acts approved May 3, 1884, among other powers conferred the company is permitted to contract with or to construct any railway or terminal line either in Kentucky or in the state of Indiana where it may be necessary for completing its terminal facilities. It may construct such lines or line in the county of Jefferson, state of Kentucky, as may be necessary to complete the connection with other railways or depots. It is authorized to connect its line with the line of the Short Route R. Transfer Co., and for that purpose may cross other railway or bridge lines, passing either under or above the same where it may cross such line or lines. In case the expenses or damages accruing on account of such crossing could not be agreed upon, the same may be condemned as ground is condemned by the charter of this company. The charter provides that the company when condemning land within the county of Jefferson shall file a petition in the Louisville Chancery Court or Jefferson Court of Common Pleas, and such proceedings shall be carried on, ■as well as may be, as action at law, by ordinary proceedings.
The sole purpose of the original charter was the construction of bridges over which railroad cars, street cars, wagons and all ve
It is important in the condemnation of real estate for corporate purposes that there should be some uniform system; and while different modes may be prescribed in granting a particular charter from that prescribed by the general law, still when the charter provision is to be followed its terms or mode of condemnation should be strictly adhered to ; and in looking to the charter of this company, in the exercise of a power given it to construct a line of railway for its benefit, there is no power given to condemn private property for such a purpose, and therefore the general law must be resorted to where property is sought to be condemned. Besides, the proceedings in cases of condemnation are to be carried on, as near as may be, as actions at law, and the Chancery Court of Louisville or the Jefferson Common Pleas Court is given the exclusive jurisdiction when the realty lies in Jefferson county. It is an action ordinary with the right of the litigants pertaining to that character of action — the right to appeal and supersede the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.