Illinois Cent. R. Co. v. Commonwealth
| Decision Date | 12 June 1903 |
| Citation | 74 S.W. 1097 |
| Parties | ILLINOIS CENT. R. CO. v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Lyon County.
"Not to be officially reported."
The Illinois Central Railroad Company was convicted of failure to sound its whistle or ring its bell at a highway crossing, and appeals. Affirmed.
Pirtle & Trabue and P. H. Darby, for appellant.
S. C. Molloy, C.J. Pratt, and M. R. Todd, for the Commonwealth.
Appellant was indicted and convicted under section 786 of the Kentucky Statutes of 1899, for failure to sound its whistle or ring its bell at a highway crossing, and fined $250 by the verdict of the jury. Upon this appeal it asks a reversal of the judgment rendered pursuant thereto on two grounds:
1. Because the trial court at the conclusion of the testimony refused to exclude parol testimony that the road was a public highway, on the ground that it was not the best evidence. The bill of exceptions fails to show that the testimony complained of was excepted to at the time it was introduced, or that any motion was made by appellant to exclude it until after the conclusion of all the testimony in the case. The motion came too late. See Helton v. Commonwealth (Ky.) 29 S.W. 331.
2. Because of the alleged error of the court in refusing at the conclusion of the testimony to instruct the jury to return a verdict for the defendant. The testimony in the case was very conflicting, and witnesses for the commonwealth conclusively prove the alleged offense, while the testimony of the employés of the defendant is to the effect that the proper signals were given. In this conflict of testimony, the question was one of fact for the determination of the jury.
These are the only errors complained of in the brief of counsel, and, on examination of the record, we perceive none which authorize a reversal. Wherefore the judgment is affirmed.
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