Shields v. Louisville & Nashville R.
Court of Appeals of Kentucky
Case 19 — PETITIONS ORDINARY APPEALS FROM SPENCER CIRCUIT COURT. 1. The obstruction of the highway was a public nuisance for which the railroad company is subject to indictment. (L. & N. R. Co. v. Commonwealth, 13 Bush, 388; Tennessee R. Co. v. Adams, 3 Head (Tenn.), 596; Pennsylvania R. Co. v. Angel, 38 N. Y., 58.) 2. Mixed nuisances are such as are both public and private in their effect.
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Case 19 — PETITIONS ORDINARY APPEALS FROM SPENCER CIRCUIT COURT. 1. The obstruction of the highway was a public nuisance for which the railroad company is subject to indictment. (L. & N. R. Co. v. Commonwealth, 13 Bush, 388; Tennessee R. Co. v. Adams, 3 Head (Tenn.), 596; Pennsylvania R. Co. v. Angel, 38 N. Y., 58.) 2. Mixed nuisances are such as are both public and private in their effect. Of this class are obstructions placed in a highway which produce a special injury to one person by injuring his horse, carriage or himself, while others of- the public are only hindered, inconvenienced and…
1Opinion of the Court
JUDGE GRACE
delivered the opinion op the court.
These two suits, by mother and infant daughter, arise upon the same state of fact, grow out of the same transaction, and involve the same issues, were heard together in the court below, and may be considered together by this court.
Mrs. Nannie Shields and her daughter Mamie, residents of Spencer county, had on Sunday, the Dth day of July, 1893, been visiting some relatives, ‘and when returning home on that day along a public turnpike road, and not very long before sundown, approached a crossing of the Louisville & Nashville railroad and this…
2Cases cited2 opinions
- Seifried v. HaysCourt of Appeals of Kentucky · 1883
- Barr v. StevensCourt of Appeals of Kentucky · 1808
3Cited by5 opinions
- Louisville & Nashville Railroad v. WebbCourt of Appeals of Kentucky · 1896
- Louisville & Nashville Railroad v. CooperCourt of Appeals of Kentucky · 1915
- Berry v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901
- Ellis B. Hall, Charles R. Hall and Eunice E. Hall v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Fifth Circuit · 1974
- Crammond v. NewmanCourt of Appeals of Kentucky · 1911