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LOUISVILLE & NASHVILLE R. CO. v. COMMONWEALTH

488 S.W.2d 329 (1972)

The LOUISVILLE & NASHVILLE RAILROAD COMPANY, a Kentucky corporation, Appellant, v. COMMONWEALTH of Kentucky, for Use and Benefit of the CITY OF COVINGTON, Kentucky, Appellee.

Court of Appeals of Kentucky.

December 15, 1972.

Attorney(s) appearing for the Case

Martin W. Mitchell, Covington, Milton H. Smith, Louisville, for appellant.

Bert T. Combs, Galen J. White, Jr., Louisville, as amicus curiae.

Edwin H. Henry, City Prosecutor, Donald C. Wintersheimer, Edwin H. Henry, Charles P. Wagner, Covington, Ed W. Hancock, Atty. Gen., Frankfort, for appellee.

VANCE, Commissioner.

A moving train operated by the Louisville and Nashville Railroad Company obstructed a city street in Covington, Kentucky, for approximately nine minutes. An ordinance of the city made it unlawful for any person or corporation to operate or permit the operation of a train in such a manner as to interfere with the use of a public street for travel purposes for a period of more than five minutes. Louisville & Nashville Railroad Company was found...

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