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SOUTHERN RY. CO. v. GAINES

238 S.W.2d 165 (1951)

SOUTHERN RY. CO. v. GAINES.

Court of Appeals of Kentucky.

March 20, 1951.

Attorney(s) appearing for the Case

Robert F. Matthews, Shelbyville, Louis Seelbach, Louisville, for appellant.

Errol W. Draffen, and W. Earl Dean, Harrodsburg, for appellee.

HELM, Justice.

Appellee, Frances G. Gaines, owns a 165-acre farm near Tyrone in Anderson County. The farm is rectangular in shape. Appellant's right-of-way is adjacent to the south side of the farm. The part of the right-of-way involved in this action has existed since the construction of the railroad some 70 years ago. The right-of-way contains a deep cut beginning near the western boundary of the farm and tapering to nothing some 1600 feet to the east.

Appellee...

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