Louisville & N.R. Co. v. Commonwealth

• Decision Date: 08 May 1914
• Citation: 166 S.W. 237,158 Ky. 773
• Parties: LOUISVILLE & N. R. CO. v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

166 S.W. 237

158 Ky. 773

LOUISVILLE & N. R. CO. v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 8, 1914

Appeal from Circuit Court, Kenton County, Criminal, Common Law, and Equity Division.

The Louisville & Nashville Railroad Company was convicted of maintaining a nuisance, and appeals. Reversed, with directions to sustain demurrer to the indictment.

Benjamin D. Warfield, of Louisville, S.D. Rouse, of Covington, and Chas. H. Moorman, of Louisville, for appellant.

Jas Garnett, Atty. Gen., and Richard G. Williams Commonwealth's Atty., of Covington, for the Commonwealth.

TURNER J.

The grand jury of Kenton county returned the following indictment against appellant: "The grand jury of Kenton county, in the name and by the authority of the commonwealth of Kentucky, accuse Louisville & Nashville Railroad Company, a corporation, of the offense of maintaining and continuing a common public nuisance committed as follows, to wit: The said Louisville & Nashville Railroad Company, a corporation under the laws of the state of Kentucky between the first day of July, 1912, and the 17th day of February, 1913, in the county and state aforesaid, and before the finding of this indictment and within one year before the finding of this indictment, the said company being then and there a corporation under the laws of the state of Kentucky and as such then and there engaged in the operation of a railroad in the city of Covington by hauling and running cars coupled to and drawn by engines with steam power and in connection therewith did own, operate, manage and control what is known as the railroad yards in the said city, located, being and extending from Twentieth street, just west of Madison avenue through the southern part of said city, a distance of from one-half to three-quarters of a mile; that in said yards located in said city, the said company has and maintained many railroad tracks on which freight trains, cars and engines are daily and nightly run into and upon; that in shifting said cars, running and operating its engines in the yards aforesaid, the said company did unlawfully unreasonably and intentionally cause, suffer and permit, during said time aforesaid and for a long, unnecessary and unreasonable length of time, steam to escape from its engines in said yards, thereby causing sharp, loud and disagreeable noises, steam whistles to sound, making long, loud and piercing blasts, bells on said...