Legal Opinion

Commonwealth v. C. & O. Ry. Co.

Court of Appeals of Kentucky

Decided April 15, 1908PublishedCited by 14 opinions

CASE 71. — PROSECUTION AGAINST THE CHESAPEAKE & OHIO RAILWAY CO. FOR CREATING A NUISANCE BY PERMITTING ITS TRAINS TO BLOCK A PUBLIC STREET. — Appeal from Clark Circuit Court. J. M. Benton, Circuit Judge. Prom a judgment dismissing the indictment on demurrer the Commonwealth appeals- —

1Opinion of the Court

Opinion op the Court by

Judge Nunn

Reversing.

This appeal is from a judgment sustaining a .demurrer to and dismissing the following indictment (omitting the formal parts): “The grand jury of Clark county, in the name and by the authority of the Commonwealth of Kentucky, accuse the Chesapeake & Ohio Railway Company of the offense or suffering a nuisance committed as follows, viz: That the said Chesapeake & Ohio Railway Company on the 12th day of September, 1907, in the county aforesaid, and at a time other than mentioned in indictment No. 1 and-within twelve months before the finding of this…

2Cases cited5 opinions

  1. Tilton v. . BeecherNew York Court of Appeals · 1874
  2. Ches. & Ohio R. R. v. CommonwealthCourt of Appeals of Kentucky · 1889
  3. Illinois Central R. R. v. CommonwealthCourt of Appeals of Kentucky · 1898
  4. Bogard v. Illinois Central Railway Co.Court of Appeals of Kentucky · 1903
  5. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1904

3Cited by14 opinions

  1. James v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1972
  2. Harris v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1955
  3. Smedley v. CommonwealthCourt of Appeals of Kentucky · 1910
  4. Miller v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  5. State ex rel. Drew v. ShaughnessyWisconsin Supreme Court · 1933

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