Illinois Central R. R. v. Commonwealth
Court of Appeals of Kentucky
Case 47 — INDICTMENT FOR NUISANCE APPEAL from iiakdin circuit coubt. Errors complained of as follows: 1. The error of the court in admitting testimony to show- an obstruction of a way in Vine Grove, when the charge was obstructing a public highway of Hardin county, near Vine Grove. 2. The further error of the court in admitting evidence of obstructions prior to November. •3. The still further error of the court in admitting verbal testimony to establish a public highway. 4.…
Read the full summary
Case 47 — INDICTMENT FOR NUISANCE APPEAL from iiakdin circuit coubt. Errors complained of as follows: 1. The error of the court in admitting testimony to show- an obstruction of a way in Vine Grove, when the charge was obstructing a public highway of Hardin county, near Vine Grove. 2. The further error of the court in admitting evidence of obstructions prior to November. •3. The still further error of the court in admitting verbal testimony to establish a public highway. 4. The indictment charges only one, and that a temporary obstruction. 5. The indictment setting out that the obstruction…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of tiif. court.
Upon the principles decided this day in the case of the Commonwealth against the present appellant, from Car-lisle county, the Circuit Court had jurisdiction to try the offense charged against appellant, viz., that of maintaining a common nuisance by obstructing a public highway. The. indictment in this case, however, differs materially from the one there under consideration. Here it is charged that the company “did unlawfully, wilfully, repeatedly, .continuously, unreasonably, and for long and unnecessary *365and unreasonable periods of time,…
2Cited by10 opinions
- City of Louisville v. BitzerCourt of Appeals of Kentucky · 1903
- Commonwealth v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- Leitchfield Mercantile Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
- Davis v. McCollMissouri Court of Appeals · 1914
- Peicke v. City of CovingtonCourt of Appeals of Kentucky · 1923
5 more not listed; retrieve them via the Exa API.