Troutman v. Smith
Court of Appeals of Kentucky
Case 26 — FERRIES 1. The notice should have apprised the defendant as to who the plaintiff in the motion would he, and it was also insufficient in other respects. 2. The variance between the notice and the motion is fatal and the proceeding should have been dismissed either on demurrer or on the motion to dismiss. 3. The motion having been made originally only two months after the fixing of the previous rates, it should have been dismissed because unreasonable and contrary…
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Case 26 — FERRIES 1. The notice should have apprised the defendant as to who the plaintiff in the motion would he, and it was also insufficient in other respects. 2. The variance between the notice and the motion is fatal and the proceeding should have been dismissed either on demurrer or on the motion to dismiss. 3. The motion having been made originally only two months after the fixing of the previous rates, it should have been dismissed because unreasonable and contrary to the spirit of the law. 4. The circuit court erred in trying “the discretion of the county court;” the opinion should…
1Opinion of the Court
JUDGE BURNAM
delivebed the opinion or the court.
This appeal is prosecuted from’ a judgment of the Carroll Circuit Court reducing the rates for foot passengers over a ferry owned by appellant near the mouth of the Kentucky river between Prestonville and Carrollton. Appellant has been operating this ferry for many years. At the February term, 189J, of the Carroll County Court the license was renewed, and the court in its order fixed the sum allowed for transportation of each foot passenger at five cents. A short time thereafter, the appellee served upon appellant the following notice: “Mrs. Anna…
2Cases cited3 opinions
- Johnson v. BradleyCourt of Appeals of Kentucky · 1876
- McCauly v. GivensCourt of Appeals of Kentucky · 1833
- Sharpe v. RoeCourt of Appeals of Kentucky · 1877
3Cited by2 opinions
- State ex rel. Young v. Duval CountySupreme Court of Florida · 1918
- Central of Georgia Ry. Co. v. Railroad Commission of AlabamaDistrict Court, M.D. Alabama · 1908