Leitchfield Mercantile Co. v. Commonwealth

OPINION op the Court by

Chief Justice Hobson

Reversing.

The Leitehfield Mercantile Company was indicted in the Grayson Circuit Court for maintaining a common public nuisance by constructing a building across a public *163alley in Leitchfield, a city of the fifth class, twelve or thirteen feet above the ground, thereby completely obstructing the space, light and air occupied by the building to the hinderance and delay of the traveling public. The defendant pleaded not guilty. The proof on the trial showed that the defendant had constructed its building under a permit from the city council, and that…