Louisville & Nashville Railroad v. Commonwealth
Court of Appeals of Kentucky
Case 37 — Indictment , against L. & N. R. R. Co. foe Maintaining a Nuisance. APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The indictment was sufficient, and the demurrer thereto should have been sustained,' for the reason-that the acts constituting the offense were not stated in such manner as to enable a person of common understanding to know what was intended; because the averments are not direct and certain as regards the offense…
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Case 37 — Indictment , against L. & N. R. R. Co. foe Maintaining a Nuisance. APPEAL FROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The indictment was sufficient, and the demurrer thereto should have been sustained,' for the reason-that the acts constituting the offense were not stated in such manner as to enable a person of common understanding to know what was intended; because the averments are not direct and certain as regards the offense charged; because the indictment seeks to recover for offenses oommitted on other days than May 16, 1903, and because no one…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
Appellant was indicted for a common nuisance. The indictment charges that it was committed as follows: “The said Louisville & Nashville Railroad Company, in the said county of Hopkins, on the 16th day of May, 1908, and on many other days before the finding of this indictment, did *353create, suffer, and maintain a common nuisance in the city of Earlington, Hopkins county, Kentucky, by placing and running railroad cars, Hats, box cars, and steam engines, and making up trains and switching cars and changing cars, unnecessarily and for unreasonable…
2Cases cited4 opinions
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1901
- Ches. & Ohio R. R. v. CommonwealthCourt of Appeals of Kentucky · 1889
- Illinois Central R. R. v. CommonwealthCourt of Appeals of Kentucky · 1898
- Cincinnati Railroad v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by4 opinions
- Commonwealth v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- Leitchfield Mercantile Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Commonwealth v. Illinois Central Ry. Co.Court of Appeals of Kentucky · 1904