Vertner Smith Co. v. Town of Elsmere

Opinion op the Court by

Judge Latimer

Reversing.

Appellant is here attacking the validity of an ordinance of the town of Elsmere, a city of the 6th class, situated in Kenton County. The ordinance has been in full force and effect since December 6, 1938, and has never been attacked until this present litigation.

Sections 2, 3, and 4, being the parts of the ordinance pertinent to' this action, read as follows:

‘ ‘ Section II.

“Every person, firm or corporation who drives a commercial motor driven truck weighing not over One-half (%) ton upon and over the streets of the Town of Elsmere shall pay an…