Louisville & N. R. R. v. Commonwealth
Court of Appeals of Kentucky
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…
1Dissent
Judge Hobson’s
dissenting opinion:
To properly understand the questions before us in this-case, it is necessary to review the previous decisions of this court construing the section of the statute in contro*807versy, and the provision of the Constitution it was designed to carry into effect. In the first case (Louisville & Nashville Railroad v. Commonwealth, 104 Ky., 226 (20 R., 491) 46 S. W., 707, 47 S. W., 210, 598, 43 L. R. A., 541) it was insisted that the existence of competition at the terminus of the longer haul, of itself, took the case out of the •operation of the statute and the…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1898
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1899
- Louisville Bridge Co. v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1899