Cincinnati, N. O. & T. P. Ry. Co. v. Commonwealth
Court of Appeals of Kentucky
CASE 84. — PROSECUTION AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY FOR MAINTAINING A PUBLIC NUISANCE. — Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Defendant convicted and appeals-. THE LAW. That a railroad óompany has the right in this state to run its trains at any reasonable rate of speed is the settled law of the state.
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CASE 84. — PROSECUTION AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY FOR MAINTAINING A PUBLIC NUISANCE. — Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Defendant convicted and appeals-. THE LAW. That a railroad óompany has the right in this state to run its trains at any reasonable rate of speed is the settled law of the state. (Louisville, Cincinnati & Lexington Railway Company v. the Commonwealth, 80 Ky. 143.) But, as a protection to the ' traveling public, the company is required to. give the warning signals. It is not contended by the commonwealth in…
1Opinion of the Court
Opinion op the Court by
Judge Settle
Reversing.
This appeal is prosecuted from a judgment/entered by the court below upon the verdict of a jury finding appellant guilty of committing a public nuisance and fixing its punishment at a fine of $500. The indictment under which the trial was had specifically charges that appellant did “unlawfully, willfully, habitually, and for an unreasonable length of time run its trains at an unsafe and unreasonable rate of speed and so rapidly as to endanger and hazard the safety and life of persons traveling upon the turnpike leading from Harrodsburg to and…
2Cases cited3 opinions
- Louisville & N. Railroad v. Molloy's Admx.Court of Appeals of Kentucky · 1906
- L. & N. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1877
- Lou., Cin. & Lex. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by5 opinions
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- State Ex Rel. Emerson v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1937
- Chesapeake & Ohio Railway Co. v. HarmonCourt of Appeals of Kentucky · 1913
- City of Newport v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1918