Commonwealth v. Louisville & Eastern R. R.

Opinion op the Court by

Judge Miller

Reversing.

The appellee is a corporation created under the laws of the State of Kentucky, and operates an interurban electric railroad more than ten miles in length. It was indicted for unlawfully failing to sound a steam whistle or ring a bell at a distance of fifty rods from a place where its road crosses a highway. The indictment was found under section 786, of the Kentucky Statutes, relating to “Railroads,” which provides as follows:

“Every company shall provide each locomotive engine passing upon its road with a hell of ordinary size, and steam whistle,…