Hollingsworth v. Skaggs Transfer, Inc.
Court of Appeals of Kentucky
1DissentMontgomery, Judge
I respectfully dissent because I feel that appellant’s business, after twenty-eight years of unquestioned, continuous service to Glasgow, should not now be seriously disturbed by an interpretation of a certificate which is so ambiguously drawn. The certificate under which appellant operated during that period .was issued June 14, 1937. No serious question was ever raised concerning its meaning until the present controversy. While I am not advocating certificate by prescriptive right, I do think that the doctrine of contemporaneous construction would require an acceptance of an interpretation…
2Cases cited5 opinions
- Board of Education v. SeaCourt of Appeals of Kentucky · 1916
- Martin, Commissioner of Revenue v. GageCourt of Appeals of Kentucky (pre-1976) · 1939
- Clark's Run & Salt River Turnpike Road Co. v. CommonwealthCourt of Appeals of Kentucky · 1895
- Nichols v. WellsCourt of Appeals of Kentucky · 1803
- City of Louisville v. KesselringCourt of Appeals of Kentucky · 1953