Commonwealth v. L. & N. R. R.
Court of Appeals of Kentucky
Case 12 — Indictment fob Maintaining a Nuisance APPEAL FROM BOYLE CIRCUIT COURT. Indictment Dismissed and Commonwealth Appeals. 1. The indictment contains every averment necessary to show that. a public nuisance was committed. 2. A public nuisance is the doing of a thing that is an annoyance to-the public, or the neglecting to do a thing which the common good requires. Cin. Ry. Co. v. Com. 80 Ky., 137; Woods’ Law of Nuisance p. 76; The Atty.
Read the full summary
Case 12 — Indictment fob Maintaining a Nuisance APPEAL FROM BOYLE CIRCUIT COURT. Indictment Dismissed and Commonwealth Appeals. 1. The indictment contains every averment necessary to show that. a public nuisance was committed. 2. A public nuisance is the doing of a thing that is an annoyance to-the public, or the neglecting to do a thing which the common good requires. Cin. Ry. Co. v. Com. 80 Ky., 137; Woods’ Law of Nuisance p. 76; The Atty. General v. Evart Booming Co., 34 Mich.,. 462. 1. The demurrer to the indictment was properly sustained. 2. The indictment does not show that the railroad…
1Opinion of the Court
Opinion oe the court by
JUDGE WHITE
Reversing.
The appellee was indicted in the circuit court of Boyle county for the offense of suffering and permitting a public* *60nuisance. A demurrer,to the indictment w.as sustained, and the Commonwealth appeals.
The accusing part of the indictment, after charging the «existence of the corporation, proceeds: “Did unlawfully ■suffer and permit a public nuisance at a point where its road crosses a certain highway, namely, where its road crosses the county road leading from Parksville to Junction City, Boyle county, Ky., the same being the second crossing of said…
2Cases cited1 opinion
- Paducah & Elizabethtown R. R. v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by8 opinions
- Louisville & Nashville Railroad v. MunceyCourt of Appeals of Kentucky (pre-1976) · 1928
- Louisville & Interurban Railroad v. SpeckmanCourt of Appeals of Kentucky · 1916
- Chesapeake & Ohio Railway Co. v. City of BellevueCourt of Appeals of Kentucky (pre-1976) · 1931
- Louisville & Nashville Railroad v. CroftCourt of Appeals of Kentucky · 1924
- Tennessee Cent. Ry. Co. v. Hancock's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1932
3 more not listed; retrieve them via the Exa API.