Commonwealth v. Bacon
Court of Appeals of Kentucky
Case 31 — ACTION FOR PENALTY APPEAL PROM BOURBON CIRCUIT COURT. The “Act for the benefit of the Bourbon County Agricultural Society,” approved January 22, 1874 (Acts 1873-4, p. 142) is not a “ clear .and palpable violation” of the constitution. (McReynolds v. Small-house, 8 Bush, 455 ;• Walker v. Tipton, 3 Dana, 4; State v. Milwaukee Gas Light Co., 9 Am.
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Case 31 — ACTION FOR PENALTY APPEAL PROM BOURBON CIRCUIT COURT. The “Act for the benefit of the Bourbon County Agricultural Society,” approved January 22, 1874 (Acts 1873-4, p. 142) is not a “ clear .and palpable violation” of the constitution. (McReynolds v. Small-house, 8 Bush, 455 ;• Walker v. Tipton, 3 Dana, 4; State v. Milwaukee Gas Light Co., 9 Am. Rep. 601.) It was the duty of appellee to so use his land as not to interfere with, injure, or destroy the business of the agricultural society. (Jarman v. Patterson, 7 T. B. Mon. 647; General Statutes, p. 823; Ibid., sec. 1, chap. 37, p.…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
The Bourbon County Agricultural Society is a corporation created by an act of the general assembly. By an amendment to the charter of the society, approved January 22,1874 (Acts 1873-4, p. 142), it is provided, “that it shall be unlawful for any person or persons, within three hundred yards of the grounds of said society, without the consent of the board of directors, to open lot, stable, shed, or other place during the continuance of said society’s fairs for the purpose of receiving, for pay, horses or vehicles of any kind, or for any person or…
2Cited by7 opinions
- Louisville Gas Co. v. Citizens' Gas Co.Supreme Court of the United States · 1885
- Columbia Trust Co. v. Lincoln InstituteCourt of Appeals of Kentucky · 1910
- City of Corbin v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1930
- Louisville Ry. Co. v. Louisville Fire & Life Pro. Assn.Court of Appeals of Kentucky · 1913
- Hadler v. North West Agricultural Live Stock F. Asso.North Dakota Supreme Court · 1929
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