Commonwealth v. Ill. Cent. R. R.

Opinion op the Court by

Judge Lassing

Affirming.

Appellee was indicted in the Ballard circuit court, charged with constructing and maintaining a public nuisance by building and operating its roadbed across the junction of Fourth' and Illinois streets, in the town of Wickliffe, a city of the fifth class. To this indictment appellee filed a written plea, in which it set up that it was not guilty for the reason that its roadbed and crossing at the point in said town complained of in the indictment had been built- and maintained under and by virtue of an ordinance of the town of Wickliffe, duly…