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CHESAPEAKE & O. RY. CO. v. COMMONWEALTH

268 S.W.2d 956 (1954)

CHESAPEAKE & O. RY. CO. v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 4, 1954.

Attorney(s) appearing for the Case

J. K. Wells, Paintsville, Gray & Woods, Porter M. Gray, Ashland, for appellant.

J. D. Buckman, Jr., Atty. Gen., John B. Browning, Asst. Atty. Gen., W. D. Sparks, Commonwealth Atty., Louisa, for appellee.

MOREMEN, Judge.

Appellant, Chesapeake & Ohio Railway Company, was indicted for the offense of maintaining a common public nuisance. A descriptive part of the indictment reads:

"The said defendants the Chesapeake and Ohio Railway Company did on the 23rd day of September 1953, and on divers other days and times within twelve months before the finding of this indictment, unlawfully, wilfully and knowingly having built, erected and maintained a railroad bridge...

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