Legal Opinion

Louisville & N. R. R. v. Commonwealth

Court of Appeals of Kentucky

Decided February 11, 1903Published

Case 90 — The Louisville & Nashville R. R. Co. was Indicted and Convicted op Unlawful Discrimination in Freight Charges Under the “Long and Short Haul” Statute. — Feb. 11. APPPEAL FROM MARION CIRCUIT COURT. Defendant Convicted and Appeals.

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Case 90 — The Louisville & Nashville R. R. Co. was Indicted and Convicted op Unlawful Discrimination in Freight Charges Under the “Long and Short Haul” Statute. — Feb. 11. APPPEAL FROM MARION CIRCUIT COURT. Defendant Convicted and Appeals. POINTS AND CITATION. 1. An indictment can not be properly found against a carrier, for violating the Constitution and ’Statutes prohibiting a carrier charging more for a short than a long haul, until after •the circumstances .and conditions incident to such transportation have been investigated by the railroad commission, and a recommendation to the grand…

1Opinion of the Court

Opinion op the ooubt by

JUDGE BARKER

— Reversing.

The appellant was- indicted by the grand jury of the Marion circuit court, at its January term, 1899, for a violation of section 8201 of the Kentucky Statutes, commonly known as the “Long and Short Haul Statute.’’ It will not be necessary in this case to examine the indictment, further than to say that its allegations an1 sufficient, and that it contains,, among other things, a statement that it was found upon the recommendation of the railroad, commission. The case came on for trial in the Marion circuit court in 1902, and the only evidence…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1898
  2. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1899

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