Louisville & Nashville Railroad v. Commonwealth

Opinion of the Court by

Judge Carroll

Reversing.

Section 772a of the Kentucky Statutes provides in subsection one: “That all corporations, companies, persons or associations owning and operating a railroad *374line in this Commonwealth or any branch of- any railroad in this Commonwealth, the length of which exceeds five miles, shall be required and they are hereby directed, to run at least one passenger train each way on every day of the year, Sundays excepted, over said line: Provided, however, that the operation of a train known as a mixed train on lines carrying passengers and freight for hire,…