Commonwealth v. L. & N. R. R.
Court of Appeals of Kentucky
Case 3 — Indictment for Unjust Discrimination APPEAL FROM GARRARD CIRCUIT COURT. Judgment Dismissing Indictment and Commonwealth Appeals.’ The indictment in this case charges appellee with a willful violation of section 215 of the Constitution. The indictment was dismissed by the lower court on the motion of appellee, upon the ground that it was not alleged that the railroad commission Bad recommended the finding of said indictment.
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Case 3 — Indictment for Unjust Discrimination APPEAL FROM GARRARD CIRCUIT COURT. Judgment Dismissing Indictment and Commonwealth Appeals.’ The indictment in this case charges appellee with a willful violation of section 215 of the Constitution. The indictment was dismissed by the lower court on the motion of appellee, upon the ground that it was not alleged that the railroad commission Bad recommended the finding of said indictment. The penalty for a violation of section 215 of the Constitution is prescribed in section 217, thereby, taking the two section together, making the Constitution…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Reversing.
The indictment charges the appellee with the offense of unjust discrimination by willfully and knowingly violating the provisions of section 215 of the Constitution by hauling and transporting a car load of coal for S. T. Leavell from East Bernstadt, Ky., to Lancaster, Ky., for the price of $1.35 per ton, and that- it transported for William Ward a car load of coal of the same class and kind as that hauled and transported for Leavell, but not upon the same conditions, for the same charges and same payment exacted and collected of Leavell,…
2Cases cited1 opinion
- Louisville & Nashville R. R. v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by3 opinions
- State v. OlguinNew Mexico Court of Appeals · 1994
- Salisbury v. Wellman Electrical Co.Court of Appeals of Kentucky · 1917
- Hines v. Hollingsworth-Young Hardware Co.Court of Appeals of Kentucky · 1917