LOUISVILLE & N. R. CO. v. SERGENT


242 S.W.2d 97 (1951)

LOUISVILLE & N. R. CO. v. SERGENT et al.

Court of Appeals of Kentucky.

May 22, 1951.


Attorney(s) appearing for the Case

C. S. Landrum, C. E. Rice, Jr., Lexington, for appellant.

Napier & Napier, Hazard, for appellees.


CLAY, Commissioner.

This action was brought to enjoin appellant railroad from barricading a crossing over its right of way in the City of Whitesburg. The Chancellor found the crossing was not a public one, but granted the injunction for the benefit of appellees and others similarly situated on the ground of estoppel.

Prior to 1943 a tract of land lying south of the railroad right of way had been used as a ball park for games, carnivals, and other events. North...

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