Louisville & Nashville Railroad v. Commonwealth
Court of Appeals of Kentucky
Case 20 — PETITION ORDINARY APPEAL FROM GREEN CIRCUIT COURT. 1. The repairing by a railroad company of its track is'a “work of necessity,” within the meaning of the statute against Sabbath-breaking. (Edgerton v. State, 67 Ind., 588; 33 State Rep., 110; 7 Baxter, Tenn.
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Case 20 — PETITION ORDINARY APPEAL FROM GREEN CIRCUIT COURT. 1. The repairing by a railroad company of its track is'a “work of necessity,” within the meaning of the statute against Sabbath-breaking. (Edgerton v. State, 67 Ind., 588; 33 State Rep., 110; 7 Baxter, Tenn. Rep., 95; 59 Ind., 416; Commonwealth v. L. & N. R. R. Co., 80-Ky-, 291.) 2. The Commonwealth was bound to negative the exception contained in the statute by showing that the work was not one of necessity. 3. It is not sufficiently averred that the work was done on Sunday. The statement of the pleader that the-day of-, 1887, was…
1Opinion of the Court
JHDGE BENNETT
delivered the opinion of the court.
The appellee brought this penal action in pursuance of section 11, title I, of the Criminal Code, to recover the *116penalty denounced by section 10, article 17, chapter 29 of the General Statutes, for violating the Sabbath-day. A verdict and judgment having being rendered against the appellant, and it having failed to make a motion or file any grounds for a new trial, its appeal can only be considered with reference to the sufficiency of the pleadings to sustain the verdict and judgment. (See Harper v. Harper, 10 Bush, 451.)
The petition discloses…
2Cases cited2 opinions
- Harper v. HarperCourt of Appeals of Kentucky · 1874
- Commonwealth v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1882
3Cited by9 opinions
- Strand Amusement Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- McAfee v. CommonwealthCourt of Appeals of Kentucky · 1917
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1897
- Commonwealth v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
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