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CITY OF HARRODSBURG v. SOUTHERN RAILWAY COMPANY

455 S.W.2d 576 (1970)

CITY OF HARRODSBURG, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 6, 1970.

Appeal Dismissed June 22, 1970.

Attorney(s) appearing for the Case

John L. Keller, Harrodsburg, for appellant.

W. Earl Dean, Sr., Harrodsburg, Albert F. Reutlinger, Louisville, for appellee.

Appeal Dismissed June 22, 1970. See 90 S.Ct. 2198.

CULLEN, Commissioner.

The City of Harrodsburg appeals from a judgment of the Mercer Circuit Court which dismissed a prosecution against the Southern Railway Company for violation of a 1967 ordinance of the city that prohibited the blocking of a street crossing by a train for more than five minutes. The judgment was based on the court's opinion that the ordinance, as undertaken to be applied to the facts of...

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