Louisville & Nashville Railroad v. Commonwealth
Court of Appeals of Kentucky
Case 32 — INDICTMENT FOR VIOLATING LONG AND SHORT HAUL STATUTE. APPEAL FROM MARION CIROUTT COURT. 1. Section 820, Kentucky Statutes, on which the indictment was based, is inconsistent with sec. 218 of the Constitution, and, therefore void, and, consequently, the demurrer to the indictment should have been sustained. 2. The indictment is fatally defective for a variety of reasons, and, therefore, the demurrer to it should have been sustained. 3. The lower court erred to the…
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Case 32 — INDICTMENT FOR VIOLATING LONG AND SHORT HAUL STATUTE. APPEAL FROM MARION CIROUTT COURT. 1. Section 820, Kentucky Statutes, on which the indictment was based, is inconsistent with sec. 218 of the Constitution, and, therefore void, and, consequently, the demurrer to the indictment should have been sustained. 2. The indictment is fatally defective for a variety of reasons, and, therefore, the demurrer to it should have been sustained. 3. The lower court erred to the prejudice of appellant in the admission of testimony and in the giving and refusing instructions. 4. Especially did the…
1Opinion of the CourtChief Justice Lewis
delivered the opixiox oe the coubt.
Appellant was in the Marion Circuit Court, upon recommendation of the State Railroad Commission, indicted for the offense of charging greater compensation for transporting property for a shorter than for a longer distance, the particular circumstances being thus stated:, “The defendant, :f * * operating a line of railroad in this State extending from Pittsburgh through said county of Marion and city of Lebanon, on September 8,, 1894, * * * did transport a car load of coal from Pittsburgh to Lebanon on said line for J. M. Shreve, and unlawfully charged and…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
3Cited by6 opinions
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1902
- Hutchison v. L. & N. R. R. Co.Court of Appeals of Kentucky · 1900
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1899
- Hamilton v. Secretary of StateMichigan Supreme Court · 1924
- Louisville & N. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1903
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