Commonwealth v. Illinois Central R. R.
Court of Appeals of Kentucky
Case 48 — INDICTMENT FOR NUISANCE APPEAL FROM CARLISLE CIRCUIT COURT. The contention of the appellee that by the passage of the act incorporated in the Kentucky Statutes, chapter 110, entitled roads and passways (and more particularly section 4335 of said chapter) repealed or took away the common law remedy of nuisance created by the obstruction of the public highways, is not sound.
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Case 48 — INDICTMENT FOR NUISANCE APPEAL FROM CARLISLE CIRCUIT COURT. The contention of the appellee that by the passage of the act incorporated in the Kentucky Statutes, chapter 110, entitled roads and passways (and more particularly section 4335 of said chapter) repealed or took away the common law remedy of nuisance created by the obstruction of the public highways, is not sound. It does not repeal the common law remedy in express terms, and therefore either jurisdiction may be invoked. Li. & N. R. R. Co., v. Com., 16 Ky. Law Rep., 347 and authorities; Am. & Eng. Enc. of Law, vol. -, p.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered Tins opinion of the court.
Indicted, for maintaining a nuisance by tearing down and keeping down for three months an overhead bridge where a public road crossed its track, the appellee succeeded in having its demurrer to the indictment sustained upon the ground that chapter 110 of the Kentucky Statutes on the subject of “Roads and Passways,” has repealed and supplanted the common law remedy for the obstruction of public roads, and has vested exclusive jurisdiction of such offenses in County and Quarterly Courts. The first section of that chapter, to which we are…
2Cases cited1 opinion
- Paducah & Elizabethtown R. R. v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by1 opinion
- Winston & Co. v. Clark CountyCourt of Appeals of Kentucky · 1917