Chesapeake & Ohio Railway Co. v. Harmon

Opinion op the Court by

Chief Justice Hobson—

Overruling Motion.

The city council of Prestonsburg adopted an ordinance requiring railroad companies to provide and maintain safety gates at all roads and street crossings in Prestonsburg under a penalty of $100 for each day the ordinance was violated. The Chesapeake and Ohio Railway Company failed to provide and maintain gates as required by the ordinance and warrants were issued against it by D. 0. Harmon as police judge. Following the issuing of the warrants the railroad company instituted against Harmonías police Judge, an action to enjoin the…