Louisville & Nashville Railroad v. Commonwealth
Court of Appeals of Kentucky
Case 23 —INDICTMENT APPEAL PROM MARION CIRCUIT COURT. 1. Section 816 of the Kentucky Statutes is void for uncertainty, because it prescribes no standard as to wbait is just and .reasonable for -the guidance of tbe railroad corporation, and is in effect an c* post facto law, contrary to section 19 of the State Constitution, ■and section 10, article 1 of the Federal Constitution.
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Case 23 —INDICTMENT APPEAL PROM MARION CIRCUIT COURT. 1. Section 816 of the Kentucky Statutes is void for uncertainty, because it prescribes no standard as to wbait is just and .reasonable for -the guidance of tbe railroad corporation, and is in effect an c* post facto law, contrary to section 19 of the State Constitution, ■and section 10, article 1 of the Federal Constitution. (Andrew Jackson, ex parte, 45 Ark., 164; L. & N. R. Oo. v. Railroad Commission of Tennessee, 19 Fed. Rep., 679; 'Chicago, &c., R. Co. v. Dey, 35 Fed. Rep., 866, 876; Railroad Co. v. People, 77 111., 443; Tozer v.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
The indictment in this case charges that the appellant “did unlawfully charge, collect and receive from A. Van-cleave & Co. the sum of forty-one and 70-100 dollars as toll or compensation for the transporation of a car-load of coal, weighing 53,800 pounds, being at the rate of one and 55-100 dollars per ton, from Pittsburg, Ky., to Lebanon, in Marion county, over the line of said railroad, a distance of —miles, the said rate of one and 55-100 dollars per ton for the said transportation of saiu coal, being more than a just and reasonable…
2Cases cited4 opinions
- Dow v. BeidelmanSupreme Court of the United States · 1888
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- Winona & St. Peter Railroad v. BlakeSupreme Court of the United States · 1877
- Chicago, Burlington & Quincy R. R. v. PeopleIllinois Supreme Court · 1875
3Cited by42 opinions
- Hayes v. StateCourt of Appeals of Georgia · 1912
- Commonwealth v. International Harvester Co.Court of Appeals of Kentucky · 1909
- In Re PeppersCalifornia Supreme Court · 1922
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1902
- State v. LantzWest Virginia Supreme Court · 1922
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