Earhart v. Middendorf

Dissenting Opinion by

Judge Willis.

The question involved is one of statutory construction. Our duty is to ascertain the intention of the Legislature and to allow it to prevail. In doing so we construe the terms employed in formulating the statute in the light of the object sought to be accomplished. See cases cited in West’s Kentucky Dig. Statutes, sec. 181.

A brief reference to the history of legislation upon the subject is necessary in order that the background of the enactment may be understood. Chapter 90 of the Acts of 1920 related generally to the regulation of the use and operation of…