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LOUISVILLE & N. R. CO. v. PIERCE

254 S.W.2d 943 (1953)

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

Court of Appeals of Kentucky.

February 6, 1953.

Attorney(s) appearing for the Case

J. P. Hamilton, H. T. Lively, J. L. Lenihan and James P. Helm, Jr., Louisville, for appellant.

Joseph M. Hayse and Nellie S. Hayse, Louisville, for appellee.

DUNCAN, Justice.

This appeal marks the second appearance of this case before this Court. Upon the first appeal, a judgment which required appellant to enlarge an existing underpass for the use of appellees was reversed. Louisville & Nashville R. Co. v. Pierce, 313 Ky. 189, 230 S.W.2d 430, 17 A.L.R.2d 1244. There, it was held that appellant's charter obligation with reference to constructing crossings...

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