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…
1Dissent
Dissenting opinion was delivered by
Judge DuRelle.
The provisions of law involved in this case are section 218 of the Constitution and section 820 of the Kentucky Statutes, as follows:
Const., sec. 218: “It shall be unlawful for any person or corporation owning or operating a railroad in this. State, or any common carrier to charge or receive any greater compensation in the aggregate for the transportation of passengers or of property of like kind, under subsantially similar circumstances and conditions, for a shorter than for a longer distance over the same line in the same direction, the…
2Cases cited5 opinions
- Interstate Commerce Commission v. Baltimore & O. R.U.S. Circuit Court for the District of Southern Ohio · 1890
- Interstate Commerce Commission v. Atchison, T. & S. F. R.U.S. Circuit Court for the District of Southern California · 1892
- Interstate Commerce Commission v. Alabama Midland Ry. Co.Court of Appeals for the Fifth Circuit · 1896
- Missouri Pac. Ry. Co. v. Texas & P. Ry. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1887
- Interstate Commerce Commission v. Alabama Midland Ry. Co.U.S. Circuit Court for the District of Middle Alabama · 1895