Louisville & Nashville R. R. v. Commonwealth
Court of Appeals of Kentucky
Case 16 — INDICTMENT FOR UNJUST DISCRIMINATION 1 The sections of the statutes on which the indictment is based are unconstitutional, as they relate solely to railroad corporations, and because that statute assumed regulation of the subject completely regulated by the Constitution itself, and on -these grounds the demurrer to the indictment should have been sustained. 2. The indictment is fatally defective even if the statute be valid, and the demurrer to the same should have…
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Case 16 — INDICTMENT FOR UNJUST DISCRIMINATION 1 The sections of the statutes on which the indictment is based are unconstitutional, as they relate solely to railroad corporations, and because that statute assumed regulation of the subject completely regulated by the Constitution itself, and on -these grounds the demurrer to the indictment should have been sustained. 2. The indictment is fatally defective even if the statute be valid, and the demurrer to the same should have been sustained. S. The trial court committed various errors to the prejudice of the appellant, most of them arising…
1Opinion of the Court
CHIEF-JUSTICE LEWIS
delivebed the opinion of the coubt.
Appellant was indicted for the offense of unjust discrimination, alleged to have been committed as follows: “The said Louisville & Nashville Railroad Company * * * did unlawfully, after having received from the Lebanon Roller-Mills Company the same rate of compensation for the transportation of coal to Lebanon, Ky., that the said defendant had charged, demanded, and collected from J. M. Shreve for the contemporaneous transportation of coal of a like amount, for the same distance, over the same line, in the same direction, refund and pay to…
2Cited by8 opinions
- Ex Parte SmithCourt of Criminal Appeals of Oklahoma · 1923
- State v. OlguinNew Mexico Court of Appeals · 1994
- Commonwealth v. L. & N. R. R.Court of Appeals of Kentucky · 1901
- Jackson v. Virginia Hot Springs Co.District Court, W.D. Virginia · 1913
- Louisville & Nashville R. R. v. CommonwealthCourt of Appeals of Kentucky · 1900
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