Nelson County v. Bardstown & L. Turnpike Co.

• Decision Date: 19 February 1904
• Citation: 78 S.W. 856
• Parties: NELSON COUNTY v. BARDSTOWN & L. TURNPIKE CO.
• Court: Kentucky Court of Appeals

78 S.W. 856

NELSON COUNTY v. BARDSTOWN & L. TURNPIKE CO.

Court of Appeals of Kentucky.

February 19, 1904

Appeal from Circuit Court, Nelson County.

"Not to be officially reported."

Action by the Bardstown & Louisville Turnpike Company against Nelson county. Judgment for plaintiff, and defendant appeals. Dismissed.

Nat W. Halstead, C. C. McChord, W. S. Pryor, Morgan Yewell, Eli H. Brown, Jr., and Robt. L. Greene, for appellant.

Jno. A. Fulton, J. S. Kelly, and G. S. & J. A. Fulton, for appellee.

O'REAR, J.

We have this day decided the appeal of Bardstown & Louisville Turnpike Co. v. Nelson County, 78 S.W. 851. In that case, after the verdict for the turnpike company, the appellant here moved the court for a judgment non obstante veredicto. The motion was overruled, and from that action this appeal is prosecuted. The motion seems to be based upon the theory that the pleadings showed that the county had not the power, under the vote for free turnpikes, to enter into the contract for the purchase of the road; also that the plea of estoppel by judgment discussed in the other opinion was a bar to this action. Those matters are disposed of adversely to appellant's contention. The order refusing to enter a judgment for the defendant upon the pleadings notwithstanding a verdict for the plaintiff is not such a final order as will sustain an appeal.

This appeal by Nelson county is therefore dismissed.