Com. v. Illinois Cent. R. Co.
| Decision Date | 13 October 1904 |
| Citation | 118 Ky. 775,82 S.W. 381 |
| Parties | COMMONWEALTH v. ILLINOIS CENT. R. CO. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Carlisle County.
"To be officially reported."
The Illinois Central Railroad Company was indicted for obstructing a highway, and from an order sustaining a demurrer to the indictment the commonwealth appeals. Reversed.
W. H Hester, N. B. Hays, and L. Mix, for the Commonwealth. Pirtle & Trabue and Robbins, Thomas & Bridgewater, for appellee.
The circuit court sustained a demurrer to the following indictment, and dismissed the prosecution: "The grand jurors of the county of Carlisle, in the name and by the authority of the commonwealth of Kentucky, accuse the Illinois Central Railroad Company of the offense of committing and creating and maintaining a common and public nuisance, committed in manner and form as follows, to wit The said Illinois Central Railroad Company, in the said county of Carlisle, on the 20th day of February, 1904, and before the finding of this indictment, is, and was for many years, a corporation duly incorporated by the laws of the state of Illinois, and that on said day and on divers other days and times and for many years continuously and habitually did operate, maintain, and run a railroad in and through the corporate limits of the town of Bardwell, in the county aforesaid; that at the time of committing the nuisance hereinafter mentioned there was and yet is a certain public street, same being a common highway in said town aforesaid called Jennings street, and which is the first public street and common highway in said town of Bardwell which crosses the said Illinois Central Railroad Company's railroad tracks upon the north side of the passenger depot of said company in said town; that said street is a common highway used for all the good people of said state, with their horses, buggies wagons, and carriages, to go, return, pass, repass, ride and labor at their free will and pleasure; and that said railroad company, on said day and times aforesaid, and within twelve months last past, unlawfully and injuriously did put and place its freight cars in and across said street aforesaid and did then and on the other said days and times there, unlawfully and injuriously permit and suffer the said freight cars to be and to remain in and upon the said public streets and common highway aforesaid at said crossing of said railroad tracks aforesaid for an unnecessary and unreasonable length of time, to wit, for the space of a half an hour on each of the days aforesaid, whereby the public street and common highway aforesaid for and during the whole time...
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State v. Eddie Barr And Frank Pianfetti
... ... elect, and cannot submit them all to the jury ... Commonwealth v. Illinois Central R. R. Co., ... Court of App., Oct. 1904, 118 Ky. 775, 82 S.W. 381. In ... Smith v ... ...
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State v. Barr
...proved, though the indictment is general, the state must elect, and cannot submit them all to the jury. Commonwealth v. Illinois Central R. R. Co. (Ky. Ct. App., Oct. 1904) 82 S. W. 381. In Smith v. Commonwealth, 109 Ky. 685, GO S. W. 531, that court said that the state should not be allowe......