165 Ind. 272 | Ind. | 1905
The city of Bedford on November 20, 1900, passed an ordinance which provided that “the Southern Indiana Eailway Company be and said company is required to employ and station an adult male guard or flagman at the intersection of Fifth street, in said city, with the track or tracks of said company. It shall be the duty of said guard or flagman to warn all persons on foot or in vehicles of all trains, engines or detached cars at said crossing, and so to guard said crossing between the hours of 7 o’clock a. m. and 9 o’clock p. m. of each and every day of the year, and it shall be the duty of said company to furnish said guard or flagman a suitable flag for use in daytime, and a suitable lantern for use at night.” It is provided in another section of said ordinance that the company shall be fined not less than $10 nor more than $50 for “each and every day it shall fail to comply with the provisions of said ordinance.”
Other objections to the validity of said ordinance are urged, but, as it is invalid for the reason stated, their consideration is not necessary.
Judgment reversed, with instruction' to sustain appellant’s motion for a new trial.