International Harvester Co. of America v. Commonwealth

Opinion of the Court by

Judge Carroll

— Reversing.

This is a prosecution under the anti-trust laws of the State, and is the second appeal of the case. In the opinion on the former appeal, which may be found in 137 Ky., 668, it is said:

“The gist of the offense denounced by our statutes against pooling is that the purpose of the pool is to enhance the value of the article pooled above its real value. Where the design of the poolers is to so enhance the value of their product, or where, whatever their design, such is the natural effect of their action, and such as was necessarily foreseen because…