Legal Opinion

Louisville & Nashville R. R. v. Commonwealth

Court of Appeals of Kentucky

Decided May 13, 1898PublishedCited by 6 opinions

Case 84 — INDICTMENT APPEAL FROM HARRISON CIRCUIT .COURT. 1. Depots or stations as used in section 772 of Kentucky Statutes means “the place, the grounds and the buildings prepared for and used by the traveling public at such points in waiting for, taking and leaving trains, and by the company in operating the road at that point;” therefore an indictment, under section 772, which charges the defendant with a failure to provide a suitable water closet at its passenger depot…

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Case 84 — INDICTMENT APPEAL FROM HARRISON CIRCUIT .COURT. 1. Depots or stations as used in section 772 of Kentucky Statutes means “the place, the grounds and the buildings prepared for and used by the traveling public at such points in waiting for, taking and leaving trains, and by the company in operating the road at that point;” therefore an indictment, under section 772, which charges the defendant with a failure to provide a suitable water closet at its passenger depot is fatally defective upon demurrer. • The indictment should charge a failure to provide a "suitable and convenient water…

1Opinion of the CourtChief Justice Lewis

Appellant was indicted and convicted for failing and refusing’ to obey that part of section 772, Kentucky Statutes, as follows: “That every company operating a railroad in this State shall provide a convenient and suitable waiting-room and water-closet at all cities and towns, and at such other stations as /the Railroad Commission may require on its.line, and keep and maintain, the same in decent order and repair.”

It is stated substantially in the indictment that defendant in February, 1897, and at least 150 days previously, kept a passenger depot at Berry, an incorporated town in Harrison…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1896
  2. Bowers v. Huntington BankCourt of Appeals of Kentucky · 1895

3Cited by6 opinions

  1. Bailey v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
  2. State v. International & G. N. Ry. Co.Court of Appeals of Texas · 1914
  3. Gross v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1917
  5. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1917

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