xt73bk16mf8w_269 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/mets.xml https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14.dao.xml unknown 35 Cubic Feet 77 boxes archival material 51w14 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Louisville and Nashville Railroad Company and Lexington and Eastern Railway Company records Railroads -- Appalachian Region -- History. Railroads -- Kentucky -- History. [213b] Lee Campbell v. L&E, Breathitt Circuit Court text [213b] Lee Campbell v. L&E, Breathitt Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_27/Folder_1/73806.pdf section false xt73bk16mf8w_269 xt73bk16mf8w I '
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This In enture mode this 1‘.-rd deg 01" November, 1905
:: between Bettie S. Goff and John Goff, her husband, of Clark
County, Kentucky, party of the fir st part, and Lee Campbell
zmd Belle Campbell, his Wife, 01’ .'Brergthitt County, Kentucky,
13.-mtg; of the second part,

‘.‘.’I’.L‘ll7jt.fij‘:‘l?: That is]: in consideration of the sum

' of ;jBJ0.00 crish in hand prid and the i’urther sum of $50.00
to be paid 12 months from date, as evir‘ enced by note of this
date, the receipt of which is her eby acknowle dsre d, the parties
of the first port hove bargained find sold, ant“ each hereby give,
grant :rnfi convey unto the party of the second part, their heirs
and ussi ens the follovvinrr described land, cituz-te, lying and
being“ in the county of Breatl'itt and State of Kentucky, and
on the Hort h Fork of the ’{cntucky Tivor 29nd bounded and described
as fo llows, to -v;i t :

Beeinnins: at two elm trees standinv‘ on the North Bank
of said river about 120 yards below the mouth of t‘z’O first
drain that runs through the bottom {love the Lick Shoe]. and cor-
ner to a tract of lend deeded by John D. Strong and "wife to
.Alfred C. Strong, on May 14th, 1892; thence across said bottom
with the lines 01‘ said Strong's deed, N 55 E :51 ~holes to a
forked SippIO tree, N 8 5/4 E 2 poles and 21 links to 21 stone,
and thence crossing the warden and running between the house
and the upper side 01“ the lower house, N 58 5/4 W 5 poles (and

7 24 links to opposite the edse of the porch to the upper house,
' thence 51 :’5/4; ,2; 25 links to the middle part 01' said porch;
_ thence down through t} e orchard "N 54 '2'! 8 poles to := stone, N
, 554 1/2 73 4' poles to stone; thence s 87 1/2 7C 12.; poles passing
thr ough the barn to :1 stone at the branch; thence up the branch
N 1:1» 1/2 b) 25 :5/4 poles to a. cedar, N 5:5 7T 14 poles to the end

 O ' . I ' '
. 01' fits point with the haulirrv road, ;J 239 1/3 .4 palm: to z;
stake and cedar pointer, 3.: 1'? 1/2 £551 poles, j»! bl £9/4,

:32 polss to 5 dovwoods anc“ hickory m. 10;: 01‘ the mint, .:3 49
‘ _i; 9 poles l 4.“ ~; 16? poles: to 1.":0 bl‘c'c (3.:-.1:: “m? ‘. (restnut
‘ on top on" the knob at 1'.-i=6 car-nor Leafy-ween :::;ia'i :::tronr‘, ‘.’. :1.
2331111110 22116 John ,‘zlsaci e; t};c‘.nce=v3’,1.~1'>. tin tap mi ‘0 r: ridse am?
said juggle to Hm Tart: U~nnel (20:11 130.:132'1'137': line; tlr‘rzce
with :::-id Co.nr:»:-ny's linz‘ to {in 1' iver; 1.?ir93'lc r: with t2 ea river
:as it. ,,:1<')-r1}_3:‘wrvtm;to bore for
, ..:3-

 oil or 0::.s and to lr-y pipe line to such wells es may be bored
for the purpose of. transporting the products. There is
' reserved and hereby granted to the party of the second part
the right to mine and use coal from said land which is necessary
in his household and domestic purposes.
It is understood lietI'.'een the parties thrt the right
to enter upon said lznd at anytime to die. for coal and other
minerals or bore for oils or gases is reserved to first parties
and the right to erect sui‘ahle devices or apperwtus with Specs
for ine to transport ell nroducts of mines or wells from said
premises is reserved by first pr’ar‘ties, their heirs or assigns
farever.
To have and to hold said property unto the parties
of the second part, heirs and essiqns forever, {in-r" sz. id per-
' ties of the first part hereby release all their risht, title
and interest in said property, including.“ the homestead exemp-I
tions allowed by law, and covenant to wnrrent gene rally the
' title to the property hereby conve;‘,ed.
IN TESTIMONY ’.'.I’HIEEEOF the parties of the first part
hereunto set their hands the year and day first above written. L
v _ Bettie s. Goff,
aohn Goff. =
' State 01” Kentucky, )
) Set.
County of Powell, )
I, Jes. Hensley, :; Notary Public in rnd for the County
’ of Powell and State of Kentucky, certify that on this day came
Bettie S. Goff and John Goff, her husband, and produced the ‘
within deedx
, from Bettie S. Goff arfi John Goff to Lee Campbell
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and Bellr Campbell, his wife, which they signed in my presence
am scknov'ledsed, separate arr” apart, according: to law, to
be their act and deed, all of which; together With this my
certificate is hereby certified tol‘thc proper office for .
‘ record. V
Given under my hand, this NOV. brd, 1905.
James Hensley, H.'P.P.C.
My commission expires Jan. 7th, 1908.
)QOOQQJOOJJQJO
‘ State of Kentucky, )
Cmmty of ZEBrcath 11:40.; Sci. '
I. S. S. ’.Z‘aulbec, Clerk of the; County Court in {no
for fire said county and Etta, do hereby certify that the fore-
going deed was proCuc cd to me for record,
Ifhcreupon the srme and ti o foregoing and this. my
certificate have been duly recorded in my office. 3
Given under my hand ihiss the 234 th dog; of IIOchbe r, 3
1905.
S. S. Tsulboc, Clerk,
v 133’ ".'. T. ._‘icIn’cosh, D; C.
On the margin thereof :11);er rs the i‘ollor'imz?
'Thc ourch‘se nanny note heroin having: been fully paid
and s atisficd, the lion herein is hereby relcascd satisfied,
Feb. 18th, 1907. ’ ‘
..ttest: s; H. IlursLClcrk, Bettio s. Goff.
Zlle.T.Stecle, D. C. - By .‘.:. ‘:.‘. ’,avis. -
.../i.—

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treathitt Circuit Court.
Wee C.” '11)},7011, 1 in‘ti ff.
V5: "'.“."‘)L:£i$[)l$$ .2317"; ' FIZZ“ 51'3.
flexinirton 3: Eastern 32.9113 Ci):1}")illly, Lefendxnt.
/.
o o o o o o o
The deposition oi" “Devi Collins, t‘kC-n at the office
of O. 33. C‘olltrd, in Jack-ran, "O‘niucky, by; consent oi‘ p":rties,
on 21:13:01". 23E?t?‘., lame, to he read ":3 OVidC-T'KCO on helmlf of defen-
dent in ttr- tat-eve 3‘1 ,:lm'i rct 15m.
'.'Citness heinrr ii 1‘:-“'.. ”ml: sworn deposed :"e iollows:
‘,X“:1i1‘1(_:r§ t3] ..‘). 1". "Joll‘rri, ‘_tt‘oi‘ney for (iei’e—nfiunt.
.0 ii'hat is: your are 5nd occupyiion‘? 3
11... ’Jeszc'E-"er :'P‘Jlt‘“ Earner; 46 your? old.
.,. There (‘.o you live?
A. At ,1-lextmvzi, in Breath ’L‘f't County.
«2;. re you :'acr._:u:‘inted ‘.1-i t1: tl'o law" fC)l"‘iOI‘1§J owned by Lee
Cmnpbell through "'hic}: the .'T'Jexinsrton I“; .Elvrrtern Railwey Coqumny's
122i irosd runs on the fort}; Word-:.‘ of the .:Ccntucky Filmer, in forest}:-
itt County?
A- I citranined it recently.
1. "fhr‘n div? ‘,‘-7011 ex: mine it‘?
:3: 28th (3:73; of this present month.
{.:. State w'hetlixer or not you ascertained where the upper
line and the lower line of that bounc‘wry is, and it so, her! you
..1-

 Q ’
ascertained it?
A. I '.1/us shown it by Lin J. H. Pollard, Buzz“ :chvell and
others.
"V. Do you remember where land joined this land on the
upper side and. on the lower side?
A. I don't know who livee up the river, Nimrod jVi‘ugate
lives be low:- him.
Q. '..ho was present .‘“VIL t? 0 fine you was: shown these
bounEery line :3 and rt the time you exr‘nined this lémd besides
myself and .21‘. ;iewell‘?
A. i). ;I. ‘?5—1rdesty, Rum 32:16:, frat J. Zone, “rice TJandrum.
:7. '.'.‘as tr e 11nd fenced on eit‘rer Pi/‘IO 01' He rr‘ilrmd
track?
.uV. 33;-3th sides. _
“I. Did you or any one else. ofi the occasion nesned, take any
measurements from He center 01‘ the rei lrozzd track to the fences
on either side of the road?
,4... Yes sir.
.;. 1.2'ho 'vwde the ;‘neasurezncnts‘?
fa. .4131 J. Bone; and 0. 1:1. ‘:‘ollerd.
Q. hid you nit-no ss then and take :1 me "(10]f‘fiil’1w’illffl oi” the
measure ;ents‘?
A. Yes eir, I noticed .Tr. "ioll-vrti holdim tine trope rat the
center and sir. tong taming» it over to the fence on each side.
I took a r:1e.;1o:c'z»:~ndu;21, I rem ember the diets-nee.
.V. T—‘lerse state to the cxr‘ininer what the. distance was
ijrom t)" e center line oi” the track to the i‘once on the side next
to the river and on the other side?
A. 25 feet and 7 inches‘, I remember next to the river.
As well as I remember .’.68 feet and 9 inches on the other side, I milk.

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,,. 1'.-”hereahou‘ s with reference to the upporend lower
boundary lino-s 01". the form was t‘r1esc moo/s renonts made, about
‘.‘-JYEE'B'I‘G 211) out s‘?

A:- LE-ot noticinr“ exactly, I think it was-r about the center
of tins firm from the upper to the lower end. It was above the
culvert vfn er c the :;‘prine thrt we noticed was located.
j. Bid you notice ‘.:.“hcre the Site of tlsc old house was,
Where it was: :novcd, notice tte t-iqns?
A. I don't renomhcr ever seeing? the house, I noticed

' "here they sci-'7. the house was.
3. You nor-n tl'c point was pointed out "co you by parties?
a. I noticed the orcrnrd and 100‘ tion oi‘ the place.
.',. Just describe the kind 01' trees that you Srw in the .
orchard, with reference to size and are?
n- They seemed to 120 at out '7 — "'cll, if they had been
in real rich bind in '7 §,rcrs,_:'-s they would have be on larger than
they were, or they miwht have be en older in the kind 01' land
they were.
[‘:. You spoke about a sprint, describe that spring.
..k. .,h;;, there was rocks: ::ralled up,im cement seemed to
have be on put between them, made :3. very nice place there for
reception of "water. To er3' whether or not there was 9. vein
of water, with fresh water i'or thrt shrine, I could not say,
I could not tell.
Lg. Was there water in t there?
.:'r- Yes. it seemed to be backed up, the whole thing
seemed to be full of water standing no there, kind 01" a pond
':.r puddle, more than anything: else, to Ire.

 I "
:;:. ‘l’ue the re :1 branch - ' .
.51— l'Zunningz riszht by it.

21:. 1.'.7here did the branch come from?>
A— Come through that culvert, risrht close to the spring.
"I,.-- EEO?” far did the culvert run under the railroad fill
beyond the sprinsr, how" mun; feet?
A“ I don't icnoxv, 10 or 1'.) feet, I (1 on't know exactly,
that far I suppose. The guard wall turnedthe water down by the
spring.
6;. {011 mean it turned the water by the plf-CG '21181‘6 the
water run out, you difin't see the earring it {€61f?
n- I don't V'now t‘r'ath there was a spring, I srw the box
thet seemed to have been mrde for,e SDI‘inFT, for protection, I -
could not see any exit of water 03:31:19: throuql: tire Spring.
5.3. titate whether or not gou am? your _or'rty examined the
track anti the rriierad and the 1;:-116 connected With it from the
upper to the lower enfi?
A- 0: Sir, we besren ‘."“xere the}; said the upper em?
. was end examined it on both sides, above and below to the lower

end.
Q. inlet in your judgment, is' the bot tom lenfi between the
railro ed and the river 3:.:orth per acre?

”li’f. objects.
A- ' 17011, I . the Valuation at "£30.00 on it.

placed

__. V 'DO you think it is; worth that much?
.=‘-.- I do,in connection with the rest.
Q. I Will Fret you to state whether or not it would be
worth, in your judgzzmmt, more mmxmx with or without the
railroad where it is nw located, or less?

Plff. objects.

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A- I don‘t know whe ther I have .,crot any estinete on that,
I don't know ulnather :2 man could rerslize with with u railroad
there than he could. without it, I could not say that he could.
Q. ”pile-use state whether or h)t the f-‘rm of Campbell would
have been damaged more or loss had the railroad track been
constructed 50 or 40 feet further up the Slope or hill from the
river?
‘A- If the fsiarm was .nine Iwould rather have it where it
is, then back up the hill further.
.,. Would it have been damned more or less had it been
moved further up the hill? .
A, It would have been more inconvenient, the cuts that

. would have been more, further up would have made it more incon-
venient for the crossings :‘nd it would have out the garden - 40
feet would have t:7ken nracticnlly Fill the Warden and the orchard
and taken most ell of the trees. I believe it would hr've been
more deetruetive to the firm to hive built it back that way than
to built it wl'lerc it is.
Q,. State ‘,'-rhether or not had the rizi lroud track been
built 40 feet further from fine river than it is, at the point
‘.'-.’here the .:rerden :=nd house and located, there would have been a
cut at that point rm what, in your judencnt, would have been the
size of the out?

TVlfi'. objecte.
A. From the shone of the hill it eeened that to move it
49 feet, it would h:‘=ve been somethim like 8 or 10 ft. the out
would have been. Not taking, any me neurements of the di stance of
the slope I could not state exactly, I belieVe it would have been
anywhere from 8 to 10 feet. Some places where it is built it is
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:r=bout 5 or 6 feet, I noticed 1hr. Long reach up to the the
measur ement s .

(:;:. Thccuttingr ie all above the house and rieht opposite
the house?
A- Slisrltt cut right where the house should have been,
where they showed me. To have moved it back 40 feet with the
slape of the hill, it would have been eornothim like 8 or 10
feet.
CR.)SL-_':‘JLLJSILL'JII3‘;-E r }'-‘;.C.L:Eueick, Atty. for

Plaintiff.-
"IE. ‘.'Ir. Collinr, suppose the line of road should hrrve been
placed back up on the hill fer enoug-“l't so as to have made a tunnel
under that around, would the? have made the form more Vzwlueb le
or less valuable?
:1— The land didn 't lie there unless, you had went back
up in the hood of the hollow. You would have be‘un down below
$13: 311‘. Elitnrod l‘umte, you could not hf‘VC made a tunnel on that
land, it would have be en a cut all the way .
3' ‘.3’ould a tunnel there have depreciated or increased the
value of the 1:'? rd?
_»‘i- You could not have 'mrdo :7 tunnel there any 1:3;-aye near the
track theme.
1;. Well, suppose a tunnel could h rive been made, would
that have increased or decreased the land?
A- It no 1116 not have dr‘mured it, if it went in below the
firm {and out above it, I don’t suppose it would have km damaged
it zany.
;'.). What is: your und erstend ing as to the width of the road
up there?

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A. 80 feet. '
c}. How, do you mwke any difference in the value of the
lend taking 80 feet strip out of it as to whether it is a fill
or cut or what it is as to what the rest of the land is worth?
:2. I would consider if I had sold :3. strip out of there
.vnd been satisfied with what I got for it that the land was just
as valus‘ble as I would if it was all there, beet-use I had sold
that and set ps3; for it. ' I would not consider it to be we rih
as much if I had given it sway.
17;. Eds-2t I am tryine to get rt, 351‘. Collins, is whether
or not the making 01‘ cut alone within the railroad 's 80 feet
or the mkins of :2 i'ill within that 80 feet has any bearing upon
the relative value 1:1-on the remainder of the farm.
A. It would have mad e the rest of the farm less vslueh 1e
to hwe rmtde a out than it is the way it is, for the reason
that it would have refine thinvs 'nore inconvenient in crossing
the railroad end endaneering the life of nroberty in crossing,
it would be less liable 'to set off of the track in crossing: and
around the home the cuts are inconvenient. I think it was
less damage to the land to hrve it the way it is than it man would
to make out s.
Vt). You state that Mr. Nerdesty and Judee "ollerd and
G. 2'1. Sewell, Exist honor and “rice handrum were with you up there?
A. And Lum Dal e, yes .vir.
a. .VIr. Follsrd, Eir. Nordesty and .'Vir. Sewell are all rep-
resent fltives of the railroad , are they?
.11.. I understand them to be, I understand .’.Ir. “ollerd and
IV'Ir. Hardesty to be but I don't understand Ir. Sewell to be.
5;. You and Mr. lemdrum and Mr. Dsle em let Long all went
there employed by the T4. 3; N. Rsilroad Company?

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A. I went ::1; the request :If ;.‘Ir. ‘“ollard to Vr-luo some
land, he dién‘t fell me whose lano‘ it was. After I got up
there, I didn't retain the nrmo oi' the man until ::l'ter I looked
on the plat and saw the l’lé‘lile 01' fr 0 mm :Ind Mon I remeubored. Ee
told no he I:.Iemted no to value the land, he (“Iidn't tell me he
would give me anything. I
1;. You r-zll expected to Ie’c pay for your time 1?
Icahn-213,75: expect to fret pay finrfrom the men I labor
for.
Li. You never saw this land at all until then?
A. Hot 'tO notice it {II‘ to valuation.
”‘..~. You don't know 1.} er: orient of The boundaries of the
farm excont as: shown to you by ;Tr, “ollrtrd and _Er. Sewell?
A. No sir, 1"Ie fence? infiicaios t‘r-(Ire.
You Won't know 'I'Ithre t} c- ori o-inI-l rifirt of wry 11s
contrr'cted for by Me rl'i 11mmZ oonmny laid on the Rifle of the
hill, who ther above or below tie resent roar“: bed?
A. 140 Fir, no t :-.I.n:y"tlxin~:I more ”clan war sh own by .Ir. Follard
an" I noti cod on the plat 1311-1; it was infiicrted by tho engineer's
survey.
Q. ‘_B-o you consider thvt m bottom be low the railroad of

V equal 01' Frontier value than b0 ttorrI Land of similar na-xture at
' i l‘wzut awn, ‘?
.I\- I don't think it is I'Iorthzzs much. .
Lg, I‘Ihy?
A. Further ::way from town, MIX marl-cats for the products up
there are not ":5 mod as they “I‘G here closer.
g. What would Ssucih b 01'. to "(1 lrrn as "do at up tn ere, located _
at I-ilkatr'wa be, worth?
A. 27611, I don‘t know ersctly win-1t e. mtnn @011le buy it for.

 g . 0
Land is vvlued like that tho other land around, bottom land
conmoted with the hill lend, timber and all would be worth

. about .."';€E0.00 on :..-ore.
4;. Crn you buy :1 similar niece oi‘ l~::: d at Pll‘kstmra, or
in the ncirrhhorrood of .‘.‘.lkzitsswa along? the line of the rvvi lroad,
for {‘lOO. wn :zcro, bottom lend?
Left. ob cts.
i didn't sy I could buy :9. bottom, I said I could
‘ouy the hill and bottom lr'nd of :3 farm wk ere they are connected
tonether, trkinr-r it all, for :‘bout 713$).OO on .‘.-‘cre, that is about
“hilt it is worth. .
6;. The bot tom land elmc, or n you buy .21 piece of bottom
land at E-Ilirr‘tswa or in that niez-rhlorh 00d alone. the line of the
railroad for :'lOO an more? '
i‘i- i bourbt there, I contrrcted what 131‘. Sowell and Sir.
Fitch surveyed and told me was two ‘:crcs and about l/l acres of hill
land connected with it for .‘I—3275a Jr. hurst bouflht it. I bought
a nice there what they told me was: 1 1/53 acres for ("100, what
theyntold me was an acre and a h‘lf.
{,'.. Bo tto m lend ‘:’
.i.-.'“ Yes, as @001“ land as they hire not around Plantain;
51nd .. better quality of lend than that up there.
,. how far is it from the lower line of I'iimrod Frigate to the
upper fence on the Csmzpbell line? '
J;- i'.’e never measured the distt‘mco 1130er down the road,
tlc distance through the form.
TEE-LIT?ESCT-IKA TINATI'DN By
Mr. renew,—
if. In estimatirm the 17:.“1110 of the borrom l:=nd of the
Campbell land, you took in consideration the quality of the lend,
' —€3-

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did you not? _
A“ Really, I took in consideration the quality oi‘ the
land end dist ‘.zncc from m1ricet and in connection ‘."i t}: the rest :61?
the 111116 that was connected wi th it, I considered all.
". i will get you to strite, ii“ this bottom lend isn't
an inferior quality of bottom lend :‘nd doesn't appear to have
been c onsi derably worn?
ii— "‘ell, it is medium, it is not the best nor the worst.

Elignfiure of mi tness waiwrd, by earreez‘nent.

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Also the deposition of 3. I. Tiardesty, tvken :‘t the
sane tine ”nd else :11" i'or the s: e purpose. Z'Iitness being?
firvt duly sworn deuosod as i’ollo‘r's:

:'Zstmined ”my Ar. “ollr'rd, for heft.-
'. ‘.'J‘nni is your occupation?
A: Stock elszize agent for ti 0 L. «5': if E71511 lroad.
It. Now lone? h= ve you been in the emoloy of tire L. (3:11?
A. I have he on in the employ of the L. (”is 1!. T‘n‘ilimfsd i'or
:‘bout 130 years.
.;. ;LI‘C you ::cquz'inted with the lrnd t-hrouirh which the
lord ne‘rton ..L: ;'1~‘stv1‘n 22:11 lrorc? track runs which were formerly owned
by Lee Can'pbe ll?
2;. ‘(rts Sir.
4‘. Where is that lrand locr‘ ted wi t}: reference to other lands
11,. It is locrtod just shout a mile South of the Station
at Corlend.

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57;. lo you know ‘.'.-'E':<":1‘e IEizn 29115:: to lives?
A. Yes sir. .
7‘1. there is; it loo “ted with reform-mo to his land?
. Just 3: xbmxzk 1329. other Si do of ;“:.1grite'o land.
,. You merrn drove it?
A- Yes sir, flout}? adjulning': jiuwte.
P. Then difi you lost see that land?
I last aaw tltat Luna. on ‘Inrc‘z'LBZEth.
"'ho was present with you fit ii‘ro ‘Lizno mu saw if ‘?
”11‘. Int Bonn“, .11“. Price iszndrura, ”Er. vai Collins,
11‘. iiewell anfi ‘Tr. ""ollard anti jfr. Ram 3216;.
_. ‘:Tow air? you Egg-ypon to be on H112 lunc’, just exnlfzin
it.
A. .."oll, I went up 13% ore to look; over 1.1m land, in
camping; "xiii-1 Hose other mn'mlemon, in order 1:. 0 rest an iflea as
to the value oi" the (Marlowe that .'Tr. (‘mzao‘oell had susstuined, 11‘
may, on accmm‘o of tlzc: alleged moving“ of 1122? center line- of the
L. .."c 2'] Eril‘vay "from it's oriflin-gl position.
‘4. 'u'z'ere 11,-Jmer‘s‘uremonts ’L'kon fro :11 the center line or
not?
XXX ~ ,,ie':smrments 11::}:01'1 i‘rm the cont or line of the rxii lro ad
trek to t'Le fence on other side?
A. Yea sir, it was; rmmszlred something? near the cent or of
fie Campbell fr‘m, in my jufigcrrnoni, and just “hove tl‘o S'pri 71:9; arid
the cu lv art .
1’.‘ . 1(.fho me ::vsured it ‘.P
A. Judge T‘Ollrrd and ifr. Kong.
{9. "That difi they meaemre it "zit h.

?
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 . O
A. They mwsurcd it with a istz'nder tame lino. .
£11. Difi you see the mooruromnte1?

A. Yes air.
the
St:=te "’11:,1t/Gifi-7tfince from the center line of the track
to the fence on 01th or side was.
A. Tho 63' 31.911062 from He center line of tho roilroad to
the fiance as -lr. Crmo‘oc ll has: it now constructed on t} 0 river
side is 25 feet and ’7; incl-ms, ant". from the center line of the
railroad on the hill side is {38 feet and E? inches, making :1
total distance 0:1“ 64; foot and 4 incl 03.
._. Dir.“ you CECT‘Tlil'le t‘ro of once box at the noint viiere'
t‘rere is: cprn‘ 1152‘?
A. I cidn't yztstordrqz but I have; I have been t1: are before
anr‘ got ton 'rrsirtrrr out of it.
.. Go on and fif‘scribe that some 1201: ant all you know
about that spring.
. '.':ell, the stone: “:::-)3: is: liir‘ in there back kindly under
the: fill, lr:=id in cement, made a (:17th for it to :20 out so as not
to £1 ll up the spring, :20 vs to rot water there.
_ 1,. Where is the marina? with rcference to that stone box,
' is it outrwide or unfior the full?-
A. Tho smrins'r is 1):: at: 111150 6 the '.L'ill.
.,. lid you ever :2:C: :uinc: the sprint“ to see Whether or not
it has; 1 cement wall erounfi it?
A. No sir, that was filled in there hci‘ore I over mmmined
it, ::nfi I suppose it was done ‘rml‘oroyg’ I cr-me hora.
, . Sta-to whet her or not the EEIll'inf’: itself is. in s:ir.ht‘?
L.“ No, it i? not in View.
-12—

 . O
Just explain with rei‘ermhee to the br~nch above the
8})?“1312‘ Whilt a ‘rangeznents Term; been 'z'mle to turn th 17:11: or .‘way
from the spring.

.1... They heve nude :1 culvert thy 311,111 under the fill just
above or just bout-h of the Spring to turn the branch water out
1” rom the spring-:,.
.;,. State Whether or not it is; possible for the water
00min?- through th::t Lr-nch, unless: there it: :.1 sufficient i‘reehit
to cause beck ‘.'-I;‘:t‘er to 70 into the. spri n"?
..3: No sir, I think not.
‘1. Did you see the site where the house h: d formerly eat,
or stood?

' A. Yes 311‘.
2;. How fur {is ttrt, étpproxiimtely, from the railroad track
as non“ loer.-ted'? '
A ‘,L'ell, I should Say not over LAO feet, in my ju<7i;"'nent.
{.3. Bic? you notice the oral: 231" and tte garden?
5:. Yes is 1:“.
<7. E'Tow I‘voee the land lie be low tke house beteen the
531111; about 1.7}‘81‘0 the warden iv arm the low-er end of the farm
wit}. reference to heir}? rollimr or hilly?
..»1' Hell, I woulfi 0~ll it rollinet.
=19. I In the event tile rzt:ilro::d track were moved (50 feet
further from the river in the direction of the house, what
effect would that have hzad upon the orchard end the house site?
A. ‘.';‘ell, 7t «.'.'ould of course out into there sane there would
have been :7. out into the house site and the orchard.

-15-

 § 0
1- About What would hztve Leon the approximte depth of that
cut, in your qugment‘? . L
1:. ‘.‘Icll, I "'0 ulC imagine it would be milieu-Mere between
8 7nd 11 feet.
Q. '30 hr~ve moved. the :ailroar'f track 330 feet or more
‘ up time.- hill, the 1.19:“- ole distance from the point bennning about
at the spring and extenc‘ine to the lower line, state whether or
not ;iucI; move would. .':;mzig're t?- f‘. Lorri .no '.“f‘: o :' Low. th;;.n "s it '
present located?
fv-‘lff. objects.
».. "’ell, to hrzve moved it {:30 feet up the hill would h f—‘IVG
necessitated a cut ell the way through, varying in height from '
about six to possible fifteen feet, :nd would have made it Very
inconvenient for him to have cossed tire track at any point
alone there, anti in fact, he could not hove crossed Without a
bridme or without going: a comtidereble (Ii stance around. It
would have be en more damage, of course, by hzvin‘ the cuts;
1,. .13.}; the row‘ is now located, s1. e‘tevhcther or not it
is practicofilyf to like crossingts at pointy alone on the track
from the Spring: down?
A. Yes sir, it is, in fact a crossing own he made at
any point on the line except where U o Ifill is at the spring
and another smrll fill further down this way.
"I. ‘.1"hat is the hottoa l:'=nd there between the railroad
and rivvr “forth oer acre?
A. j-Jot to (lxceed i“'f)0.00 we r were.
".. That would it be worth per acre, esmminrr that there
is no r‘rilrood throurrch the land at r~ll we no cutt inc; and filling:
-14...

 4. , 0
what '-
bcen done thero,/would be the actual value 0:" th::t l-nd, per
acre?
"3113f. Objects.
A. I don't i’isz‘urz' that Hro r-‘ilroawl his very 111:.rt01‘iz'1 1y
helped or hurt the land, :::-5 to t‘:<-= price.
CEJXEEi-Li ‘1./'4.. 11313711) by '23. (I. .Iusick,
f0 1" ”3131 nt iff.

' j. 310 you know vrh: t the I':.iILro:.;o "gliii d for 131‘: at right of
way through 1.}. ere ‘?
A- Yes sir.
C:. How much?
.:;. The right of way - tho}! bou'rl't tiro house am? acme other '
:3mrll builfiinsrs nrobrbly and the fruit trees and th in; like that
and they iraw hi'n 71,000 for it.
LL. Wore any houses or fruit trees or anything: of that
kinn? included in the ("iced from Omaha ll t o the r:;ilI‘0:‘:d comgm‘zny?
.51:— L‘ell, I just could not say- positively'»."ithout looking
at the deed. V
1:. The fact of it is there were no house or fruit trees
on the 80 foot on wlich five I‘:‘ill‘0: 6 built the lino of rui 1-
road?
;‘2.- Yes, I think tloro was: some fruit trees ané I think.
the 80 feet come uncomfortrrb 1:; close to th‘: Mousse, possibly
within few feet of tho homrse as: it orisrimllgy' stood.
(1;. I ‘ocliovtv you stated thrift a out 01' a (€ept1; 01' from
6 to 15 feet mult- I'zwe been necessary from tho Efim‘i‘od lulgzrte
line to the point mar where the olfl house st ood, if the railroad
had "rwvo been placed 30 feet above its present location?

-15..

 Q 0
.~. i-éo, I didn't state that. I stated that 11' they had
:aoved the tract 3:10 feet up tho hill up ‘1. )vmrds the morinar and
brought it on dorm 10 where the house formerly stood there
would havo be on :2 out 01!: or no or Jim Fugue 's T)CC:“U.S€3 more
would hrvo been out fro 1n vrh em: l-Zirm‘oo. ,iGugjato lives up to the
house.

L“. Nor ‘I'-1% at w" 1'. st. z-moo in growls or foot, in lonytth would
it "(1:319 been necessary to have mafia 11 out 01‘ from do to 15
feet by ohmmirw the: row“ bod ISO i’oet up tho 1:13;]: afoovo its
present location?
3.. ."L could not state ”that become I didn't motsure it, I
don't Emorr “the (11" s1; once from tine iloi’i‘ line down to the :L'orur-ar
locs‘tion on“? 32:12:01:- oll's house.
fig. Approxint 1101;; x7128. t {.1 i ::t'd'ao 0‘?
.4.. Anyfi:irw I would 853'; :.:1'01111 it ':OJld‘ be merely mmss
work bootsufxe I didn't {Look :11. it and I could not approximate.
I ("out know the (“tistanco from Ilixrmor“: Fumfie's to the Goff line
but I irm Time it would be .::boui hall of “chi fiistmwe.
0. Then about hralzf‘ fur: "istzmoo summing the Conunbollfarm
it would ‘:zazvc “no on nooooa-‘ory to bravo made 1‘ out from 6 to 15
feet Hoop?
11- That is; my judgment.
11;. By Chan-Tine; the road boa £1,770 foot helm-1r its ozrri 5:111:13:
loot-112mm firm, as I understand you, fine 115.31 1170M could save the
ox‘flonr‘oroi' :1 out from 6 'to 1" foot deep :3.. distance approximtely
equivalent to half tho 61' 311:). on across tho Compho ll i‘nrzn?
"Loft. objects.
A. I} I fiifln't say that.
,1. Isn‘t that the imih‘?
.1 , / ,/
‘TC ' o ' -

 § ‘

11.. I {Fon't Ema", I could not, state.
C}. $.11". “111' (l octy, I believe 3,011 stated that you (litln't know
what effect; the 1'0: r' bed over the sprint hwl to do with the flow
of the ‘.'.'at, «31', as: to the extent 01' it ‘.r‘
A. ".’hy, of course, I 0011er not {EL-37 that hooraswe I don't
Emu-ow what kind 01 :3. flow ‘.'/as: there before, I never saw the Spring
until after it, war boxed up.
11. It is on the lower 91d 92 of 1’0 Infillou’i‘?
A. it comes out on the river side.
"i. That; is across: fl‘o I‘milz‘owi from the house? 4
[1* 1oszsai1'.
Q. You don't know 1.} (2 31812711er 1‘ 1'0. 211 H" e Ellen-.1312 line to the
Goff line?
A. 130 5311', I do not.
"‘. 11310 built the fztl’icozs on ('2'i_"{';‘r':e:1' Side of that, rrilroad
ri 37311: of away there?
A. .21“; and r-rS'i; :3131: i‘w‘r it"; 'L‘niut 31'1". (Es-:1:; bell did.

819312711111 o of 11:/"3.112033 waive <1, by :1 Direeia out.

ooooaooooooo

..lso the deposition oi” 3'1. “‘3‘. L::n<’iru_:n, ‘tffliéfll at the
some time r1151"; place .2113 for the sac: ';mrn05-t-o. ‘.‘fitness? be ing
first; duly sworn “Cm-:tii‘ied as follows:

213cm, lined by fir. "’ollrwrd, Atty. 101‘ l‘efondrnt, -
#1,. Stnte your acre, residence :1.an ooo pation?
1‘.. Residence 'llzaulhoe, 1537., 4.0 years: old, farmer.
,’. Are you "c: quojnted To” th tic.- fi‘l‘m formerly owned by Lee

-17-

 O ‘
Crmpbo ll on the Norm; Bork oi‘ the Kentucky River through which
the TJexilncrton :‘c “--i:;:~*torn Railway company's r‘ilroofl rams?

A. Yes sir.

:.:. flow lone: have you larnown it ‘9

A. '7 or 8 years.

«.“. fire you z-Lo’gurinted ”NH We progrrn‘m; loos‘i ion of the
rzii lrom" through that form?

.»1. Yes sir.

9.1. "r’hot is t‘ o botto n 1: no on that i’nrm Worth per acre?
:.. ,.gbout ..'}0.00, I {oppose '."o 11.er he :;. fair price for it.
1‘. How does". it compare in qwlity to bottom land which
ovorjlows on the 1.301%. 1b 3-‘orfr 01' 17:4». ‘{<21’1’Luc'fwi;~,r ":ivnr and to utter
bottom lfml in that noisfl'rborlxoocl‘7‘

A. It is not m rich :3.? lf‘rld Matt overflows. It appears
to be considorr‘hly worn.

, L;. ”(Jere you present on yosierzirw at 13:0 time :f. :iioagiu'omont
was fif’imn from We amt-or line of Ho track ‘izo ‘th? fence on oitlxzr
Side?

A. Yes sir .
C“. To you romrm‘oer vino :nroo the measurements.
A. Yourself and LII". "7mm“, I "ooliovo.
Q. 130 you remember "I“rzai, the oi :31 once was from the center
of “L? 63 track to the fnnco on Ci 1;}; or wide?
A. About 235 feet 21ml some inches on the lower oifie and I
i believe 756 foot 2nd 9 inches on 14hr. upper Side.
Do you know where the house sat before the railroad
was court ruo’ned