Legal Opinion

City of Harrodsburg v. Southern Railway Co.

Court of Appeals of Kentucky

Decided December 5, 1969PublishedCited by 2 opinions

1Opinion of the Court

CULLEN, Commissioner.

The City of Harrodsburg appeals from a judgment of the Mercer Circuit Court which dismissed a prosecution against the Southern Railway Company for violation of a 1967 ordinance of the city that prohibited the blocking of a street crossing by a train for more than five minutes. The judgment was based on the court’s opinion that the ordinance, as undertaken to be applied to the facts of this case, was unconstitutional as imposing an unreasonable burden on interstate commerce.

The railway company was prosecuted on a charge that on May IS, 1967, one of its trains blocked…

2Cases cited8 opinions

  1. Southern Pacific Co. v. Arizona Ex Rel. SullivanSupreme Court of the United States · 1945
  2. City of Cincinnati v. LuckeyOhio Supreme Court · 1950
  3. Commonwealth v. DevineCourt of Appeals of Kentucky · 1965
  4. Commonwealth v. New York Central RailroadMassachusetts Supreme Judicial Court · 1966
  5. Ocean View Improvement Corp. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1965

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. City of Lake Charles v. Southern Pacific Transp. Co.Louisiana Court of Appeal · 1975
  2. Dixie Taxi Service, Inc. v. Louisville & Jefferson County Air BoardCourt of Appeals of Kentucky · 1971

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