Commonwealth v. Prall

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

This is a proceeding by penal action in the Nelson Circuit Court instituted by the Commonwealth of Kentucky against appellee, T. L. Prall, to recover the penalty imposed by the statute for materially damaging a pubiic road by making an unusual use thereof and failing to repair the same when notified by the supervisor or overseer of. roads to do so. After describing the road the petition is as follows:

*561“That the said defendant made unusual use of said public road and turnpike in this: That during said time he loaded upon wagons…