Commonwealth v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 52 — ORDINARY APPEAL FROM JEFFERSON CIRCUIT -COURT. No brief. -1. The running and use of appellee’s trains on Sunday is absolutely necessary for the convenience of the community. The “Sunday Law ” never was intended to apply to common carriers.
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Case 52 — ORDINARY APPEAL FROM JEFFERSON CIRCUIT -COURT. No brief. -1. The running and use of appellee’s trains on Sunday is absolutely necessary for the convenience of the community. The “Sunday Law ” never was intended to apply to common carriers. (09 Ind., 61;, 34 Penn., 398; 54 16'., 401; 24 16., 270 ; 6 Mass., 76; 4 Ohio, 572; 55 • Ga., 126; 23 Howard, 219; 24 16., 247; Crabb’s Rep., 208.) 2. The Kentucky statute now under consideration is in conflict with the third clause of section 8, article 1, of the constitution of the United States. (9 Wheat., 1; 5 Howard, 504; 7 Howard, 283; 91 U.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
This action was instituted in the name of the Commonwealth against the Louisville and Nashville Railroad Company for an alleged violation of sec. 10, art. 17, chap. 29, of the General Statutes, which provides: “No work or business shall be done on the Sabbath day, except the ordinary household offices, or other work of necessity or charity.. If any person, on the Sabbath day, shall himself be found' at his own or any other trade or calling, or shall employ his apprentices or other person in labor or other business, whether the same be for profit…
2Cited by16 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- Strand Amusement Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912
- McAfee v. CommonwealthCourt of Appeals of Kentucky · 1917
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