Paducah & Elizabethtown R. R. v. Commonwealth
Court of Appeals of Kentucky
Case 28 — INDICTMENT— APPEAL FROM GRAYSON CIRCUIT COURT. 'The indictment is insufficient. It is not the duty of a railroad company to keep in repair public highways at points where the railway crosses it. That duty is devolved upon the surveyor of roads in each county along the line of the railroad. An averment that the company is incorporated is material; it is not made. (18 Penn.
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Case 28 — INDICTMENT— APPEAL FROM GRAYSON CIRCUIT COURT. 'The indictment is insufficient. It is not the duty of a railroad company to keep in repair public highways at points where the railway crosses it. That duty is devolved upon the surveyor of roads in each county along the line of the railroad. An averment that the company is incorporated is material; it is not made. (18 Penn. State Bep., 68; Commonwealth v. Dudley, 3 Met., 222; Wool on Ways, 4 Law Lib., 158; Commonwealth v. White, 18 B. M., 492; 1 Duv., 90; Crim. Code, secs. 157,175.) 1. Although the indictment does not allege that the…
1Opinion of the Court
JUDGE HAEGIS
delivered the opinion of the court.
The appellant company was indicted for a public nuisance, alleged to have been committed by neglecting to keep in-repair the crossing where its road intersects with the Litchfield and Elizabethtown public highway. A
The facts stated in the indictment constitute a public-nuisance, and the allegations thereof are legally sufficient; although not verbally accurate, yet they are so plainly stated that a person of ordinary understanding would know what is intended.
The evidence establishes, with reasonable certainty, that the crossing was very muddy and…
2Cases cited1 opinion
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
3Cited by20 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Harris v. StateSupreme Court of Alabama · 1941
- Vinegar v. CommonwealthCourt of Appeals of Kentucky · 1898
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