City of Harrodsburg v. Southern Railway Co.

CLAY, Commissioner.

This is a suit by Southern Railway Company to enjoin the City of Harrodsburg from enforcing an allegedly void ordinance. On motion for summary judgment, the Chancellor declared the ordinance invalid and granted the relief prayed by Southern. The controversy involves the right of the City to require Southern to provide an underpass or overpass at one of its nine crossings within the city limits.

Harrodsburg is a city of the fourth class. Southern’s tracks bisect the town. On occasion a long moving freight train will occupy all of the municipal crossings simultaneously,…