Legal Opinion

Louisville, Henderson & St. Louis Railway Co. v. Commonwealth

Court of Appeals of Kentucky

Decided June 2, 1898PublishedCited by 11 opinions

Case 5—INDICTMENT APPEAL FROM MEADE CIRCUIT COURT. 1. The statute imposing a penalty on railroad companies for failure-to' signal at public crossings is unconstitutional. 2. In order to establish a public road there must be; either (a) An order of the county court establishing it in the manner pointed out by statute, or, (b) Dedication and an acceptance by the County Court. 3. An officer has no right after he has gone out of office to make a return on a process executed…

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Case 5—INDICTMENT APPEAL FROM MEADE CIRCUIT COURT. 1. The statute imposing a penalty on railroad companies for failure-to' signal at public crossings is unconstitutional. 2. In order to establish a public road there must be; either (a) An order of the county court establishing it in the manner pointed out by statute, or, (b) Dedication and an acceptance by the County Court. 3. An officer has no right after he has gone out of office to make a return on a process executed before his office expires, nor to sign a memorandum previously made, nor to amend the return after his term of office. 1.…

1Opinion of the Court

JUDGE PAYNTER

delivered tite opinion of the court.

The indictment is under section 786, Ky. Stat., whicli reads as follows: “Every company shall provide each locomotive engine passing upon its road with a bell of ordinary size, and steam whistle, and such bell shall be rung, or whistle sounded, outside of the incorporated cities and towns, at a distance of least fifty rods from the place where the road' crosses upon the same level any highway or crossing, at which a sign-board is required to be maintained, and such bell shall be rung or whistle sounded continuously or alternately until the…

2Cases cited2 opinions

  1. Newton v. PratherCourt of Appeals of Kentucky · 1863
  2. Armstrong v. EastonCourt of Appeals of Kentucky · 1840

3Cited by11 opinions

  1. Pen-Ken Gas & Oil Corp. v. Warfield Natural Gas Co.Court of Appeals for the Sixth Circuit · 1943
  2. Riley v. BuchananCourt of Appeals of Kentucky · 1903
  3. Smith v. PenningtonCourt of Appeals of Kentucky · 1906
  4. Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
  5. Home Laundry Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1916

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