L. & N. R. R. v. Commonwealth
Court of Appeals of Kentucky
Case 33 — INDICTMENT—NUISANCE APPEAL FROM MARION CIRCUIT COURT. “A public offense, in the meaning of this Code, is any act or omission for which the law has prescribed a punishment.” (Criminal Code, sec. 1.) “All public offenses may be prosecuted by indictment, except public officers, etc.” (Criminal Code, see. 6.) An indictment may be set aside when it “was not found and prosecuted as required by this Code.”
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Case 33 — INDICTMENT—NUISANCE APPEAL FROM MARION CIRCUIT COURT. “A public offense, in the meaning of this Code, is any act or omission for which the law has prescribed a punishment.” (Criminal Code, sec. 1.) “All public offenses may be prosecuted by indictment, except public officers, etc.” (Criminal Code, see. 6.) An indictment may be set aside when it “was not found and prosecuted as required by this Code.” (Sub-sec. 3 of sec. 159.) The indictment in this case was insufficient, and ought to have been quashed or set aside on the demurrer of appellant, because it does not state facts which…
1Opinion of the Court
JUDGE COEER
delivered the opinion op the court.
Although the appellant’s charter authorizes it to operate its road by running trains thereon, and does not limit the speed at which they may be run, nor require it to ring a bell or blow a whistle at the crossing of public roads, it does not necessarily follow that to omit to give one of these signals, or to take other precautions to avoid injuring persons traveling on intersecting highways, is not a public offense.
It is implied in every grant of corporate privileges that the grantee shall use reasonable and ordinary care and caution to avoid…
2Cited by7 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Cherry v. Louisiana & A. Ry. Co.Supreme Court of Louisiana · 1908
- Hall v. Ogden City Street Railway Co.Utah Supreme Court · 1896
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