Louisville Bagging Manufacturing Co. v. Central Passenger Railway Co.
Court of Appeals of Kentucky
Case 11 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The acts of the Legislature are silent as to v'hat kind oi" system of electric railroads or electric propulsion is to be used, and in order to destroy the presumption that a dangerous system was not intended to be authorized by the Legislature, the burden is upon the defendant to show that the present sj’stem, being a dangerous system, is the only one by which it can use electricity at all for its…
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Case 11 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The acts of the Legislature are silent as to v'hat kind oi" system of electric railroads or electric propulsion is to be used, and in order to destroy the presumption that a dangerous system was not intended to be authorized by the Legislature, the burden is upon the defendant to show that the present sj’stem, being a dangerous system, is the only one by which it can use electricity at all for its cars. (Attorney-General v. Gas Co., 7 Ch. I)., 217; Judge Taft’s Opinion in Telegraph Ass’n v. O. I. P. R’y Co., pp. 24-5.)…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
The Louisville Bagging Manufacturing Company, a *53corporation, brought this action for an injunction, which was temporarily granted, restraining the Central Passenger Railway Company, a corporation, and its officers from constructing or operating an electric raibvay on Walnut street, betw'een Nineteenth and Twentieth streets, in the city of Louisville, where plaintiff has a large building used for manufacturing bagging. H. R. Thompson, judge of the Louisville City Court, was also enjoined from proceeding, until termination of the action, to try J.…
2Cited by15 opinions
- Howe v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Jaynes v. Omaha Street Railway Co.Nebraska Supreme Court · 1898
- Cumberland Telephone & Telegraph Co. v. AvrittCourt of Appeals of Kentucky · 1905
- La Crosse City Railway Co. v. HigbeeWisconsin Supreme Court · 1900
- Elizabethtown, Railroad v. Ashland, Street Railway Co.Court of Appeals of Kentucky · 1894
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