Louisville & Nashville R. R. v. Commonwealth
Court of Appeals of Kentucky
Case 8S — Indictment for Unjust Discrimination in Rates— APPEAL PROM MARION CIRCUIT COURT — FOUR CASES. The- Louisville & Nashville Railroad Company was Indicted and Convicted op the Offense op Unjust Discrimination in Rates, and it Appeals. I. Section 215 of the Constitution does not apply where the freight is of different classes or transported upon different conditions. L. & N. R. R. Co. v. Com., 20 Ky.
Read the full summary
Case 8S — Indictment for Unjust Discrimination in Rates— APPEAL PROM MARION CIRCUIT COURT — FOUR CASES. The- Louisville & Nashville Railroad Company was Indicted and Convicted op the Offense op Unjust Discrimination in Rates, and it Appeals. I. Section 215 of the Constitution does not apply where the freight is of different classes or transported upon different conditions. L. & N. R. R. Co. v. Com., 20 Ky. Law Rep., 1099. 2. The coal for domestic purposes and the coal for manufacturing purposes are in fact in distinct classes, although nominally in the same class, and their transportation is…
1Opinion of the Court
OPINION OP THE MAJORITY OP THE COTJKT BY
CHIEF JUSTICE HAZEL RIGG, POLLOWED by Dissenting Opinion OP JUDGE PAYNTE'R, in which JUDGE WHITE and JUDGE GUFFY Concur.
These appeals involve particularly the construction of section 215 of the Constitution and of sections 817, 818, and 819 of the Kentucky Statutes. Incidentally other sections of the Constitution and the Statutes will be noticed so far as they are supposed to- affect the particular sections named. The constitutional provision is as follows: “Sec. 215. All railway, transfer, belt lines or railway bridge companies shall receive, load,…
2Cases cited5 opinions
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Interstate Commerce Commission v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892
- Union Pacific Railway Co. v. GoodridgeSupreme Court of the United States · 1893
- Hoover v. Penna. R. R.Supreme Court of Pennsylvania · 1893
- Louisville & Nashville R. R. v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by3 opinions
- L. & N. R. R. Co. v. Central Stock Yards Co.Court of Appeals of Kentucky · 1906
- State v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1914
- L. & N. R. R. Co. v. Central Stock Yards Co.Court of Appeals of Kentucky · 1906