Conner v. Covington Transfer Ry. Co.

• Decision Date: 28 May 1892
• Citation: Conner v. Covington Transfer Ry. Co., 19 S.W. 597 (Ky. Ct. App. 1892)
• Parties: Conner et al. v. Covington Transfer Ry. Co. et al.
• Court: Kentucky Court of Appeals

19 S.W. 597

Conner et al. v. Covington Transfer Ry. Co. et al.

Court of Appeals of Kentucky.

May 28, 1892

Appeal from chancery court, Kenton county.

"Not to be officially reported."

Suit by Georgia G. Conner and others against the Covington Transfer railway Company and others to enjoin proceedings for the condemnation of portions of a roadway for right of way. Judgment for defendants. Plaintiffs appeal. Affirmed.

HOLT C.J.

What is known as the "River Road" between the cities of Covington and Ludlow was established as a county road nearly 70 years ago. Some time thereafter, but also many years ago the ancestor of the appellants, who owned the land upon both sides of it, recognized it in deeds made by him, and fixed its width at 60 feet. About 1854 it was converted into a turnpike road, but its charter was subsequently forfeited and it by a proper judgment in conformity to statute, turned over to the board of commissioners of Kenton county as an ordinary county road. The object of this suit is to enjoin the further prosecution of proceedings by the appellee the Covington Transfer Railway Company to condemn for its roadway a portion of said road. The appellants, who claim the reversionary right in the land covered by the county road say that it has reverted to them, save about 20 feet in width, which is now in use for travel; and that they are entitled to compensation for so much of the reverted land as may be condemned. This claim on account of reversion is based upon the statement that landslides upon the upper side, and the action of the water of the Ohio river upon the lower...