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LOUISVILLE AND NASHVILLE RAILROAD CO. v. SUTTON

436 S.W.2d 487 (1969)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellant, v. Osborne SUTTON et al., Appellees.

Court of Appeals of Kentucky.

January 17, 1969.

Attorney(s) appearing for the Case

Will Tom Wathen, Wathen & Wesley, Morganfield, H. G. Breetz, M. D. Jones, Louisville, for appellant.

Tommy W. Chandler, Providence, Damon A. Vaughn, Madisonville, for appellees.

JAMES C. CARTER, Jr., Special Commissioner.

This is an appeal from a judgment of the Webster Circuit Court requiring the appellant Louisville and Nashville Railroad Company (L & N) by a mandatory injunction, to construct for the appellees (the Suttons) a private crossing over the railroad.

Appellees alleged in their complaint that by deed dated April 3, 1929, they purchased a farm in Webster County, Kentucky, which consisted of four separate tracts as...

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