Com. v. Louisville & N.R. Co.
| Decision Date | 23 June 1898 |
| Citation | 46 S.W. 700 |
| Parties | COMMONWEALTH v. LOUISVILLE & N. R. CO. [1] |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Washington county.
"Not to be officially reported."
Indictment against the Louisville & Nashville Railroad Company for giving an undue or unreasonable preference to certain persons. Indictment dismissed, and the commonwealth appeals. Affirmed.
W. S. Taylor, for the Commonwealth. W. C. McChord and H. W. Bruce, for appellee.
This is an indictment for the offense of making or giving undue or unreasonable preference or advantage to persons living or residing in the locality of Bardstown, Ky. in the transportation of persons and passengers, and to the locality of said Bardstown, Ky. in a like kind of traffic from the said Bardstown, Ky. over its line of railroad to Louisville, Ky. as against the locality of Springfield, Ky. and persons residing in said locality of Springfield, Ky. and a like kind of traffic over its line of railroad from said Springfield, Ky. to Louisville, Ky. or subjecting the locality of Springfield, Ky. and persons residing in said locality, and the particular traffic of carrying passengers, to an unreasonable prejudice or disadvantage as compared with the locality of Bardstown, Ky. and persons residing in that locality, and a like kind of traffic. It was brought under section 818, Ky. St., as follows: "It shall be unlawful for any corporation to make or give any undue or unreasonable preference or advantage to any particular person or locality, or any particular description of traffic, in any respect whatever, in the transportation of a like kind of traffic, or to subject any particular person, company, firm, corporation or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage." It seems to us the opinion of this court in the case of Louisville & N. R. Co. v. Com., 35 S.W. 129, is decisive of this; for "undue or unreasonable preference or advantage to any particular person or locality" is just as indefinite and uncertain as the phrase "just and reasonable rate of toll or compensation." The lower court did not err in sustaining the demurrer to the indictment, and the judgment is affirmed.
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Notes:
[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.
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