Cincinnati Railroad v. Commonwealth
Court of Appeals of Kentucky
Case 26 — INDICTMENT— appeal from mercer circuit court. 1. The facts set forth in the indictment are not sufficient to show a public nuisance. If any nuisance at all, it was private, and therefore not indictable. (13 Bush, 389.) 2. The court should have confined the Commonwealth to the day alleged in the indictment. , : 3. Appellants are not a corporation, either by Ohio or Kentucky statutes.
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Case 26 — INDICTMENT— appeal from mercer circuit court. 1. The facts set forth in the indictment are not sufficient to show a public nuisance. If any nuisance at all, it was private, and therefore not indictable. (13 Bush, 389.) 2. The court should have confined the Commonwealth to the day alleged in the indictment. , : 3. Appellants are not a corporation, either by Ohio or Kentucky statutes. (ICyd on Corporations, 13 Ohio State Record, 55; 32 Ohio Rep.; Acts Ky., 1871, p. 172; Rev. Stat. Ohio, 830, 836.) ■ 4. Appellant’s motion for a nonsuit should have been sustained. ■ 5. The instructions…
1Opinion of the Court
■ CHIEF JUSTICE LEWIS
delivered the opinion of the court.
The indictment in this case is for the offense of a public nuisance, and the verdict of the jury and judgment of the ■court being against the defendant, this appeal is prosecuted.
It is contended that the indictment is defective, and the • demurrerto it should have been sustained upon the grounds —first, that the facts stated do not constitute a public *138offense, and second, -that the trustees of the Cincinnati Southern Railroad are not a corporation, not indictable as such, but are answerable for a violation of law only individually.
The…
2Cited by8 opinions
- Commonwealth v. McGovernCourt of Appeals of Kentucky · 1903
- Cawein v. CommonwealthCourt of Appeals of Kentucky · 1901
- East Tennessee Telephone Co. v. ParsonsCourt of Appeals of Kentucky · 1913
- Posey v. CommonwealthCourt of Appeals of Kentucky · 1922
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1904
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