· 4/14/1916
Consolidation Coal Co. v. Pratt
Citations
- 169 Ky. 494
- 184 S.W. 369
- 1916 Ky. LEXIS 708
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that plaintiff failed to show discharges from a lake and its tributaries into navigable waters had a significant effect on the ecology of the navigable waters
- agreeing with the railroad’s contention that the ICCTA “expressly preempts [the plaintiff’s] state law tort claims”
- agreeing with the railroad's contention that the ICCTA \expressly preempts [the plaintiff's] state law tort claims\
- finding preemption of state-law tort claims based on railroad’s efforts to prevent embankment erosion which were “integral and necessary repair[s] to the railway infrastructure”
- ‘JCI’s state law claims against CSX stemming from the failure, construction, design, and operation of the culverts are preempted by the ICCTA.”
- \Recreational use ... is not enough to make a body of water 'navigable in fact' as that term is traditionally understood.\ (citing PPL Montana, LLC v. Montana , 565 U.S. 576 , 600, 132 S.Ct. 1215 , 182 L.Ed.2d 77 (2012) )
Source: CourtListener parenthetical corpus (CC0).
Judges: Clay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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