CITY OF SHIVELY v. ILLINOIS CENTRAL RAILROAD CO.


349 S.W.2d 682 (1961)

CITY OF SHIVELY, Kentucky, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 20, 1961.


Attorney(s) appearing for the Case

Raymond C. Stephenson, Louisville, for appellant.

S. Lloyd Cardwell, James W. Stites, Stites, Wood, Helm & Peabody, Louisville, for appellee.


STEWART, Judge.

In this action appellee, Illinois Central Railroad Company, sought in circuit court to prohibit the enforcement of an ordinance of appellant, city of Shively, a fourth-class city, which required appellee to erect and maintain safety gates for traffic at three crossings of the railroad over Wathen's Lane, Sanders (sometimes called Sadie) Lane, and Gagel Avenue, all of which crossings are located within appellant's city limits. The ordinance went into...

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