Bush v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court; J. 1. Worthington, Judge; 1. The act, July 23, 1868, Kirby’s Digest, § 6595, is penal, strict construction is required, and no one can be brought within its terms unless the words of the statute, in their ordinary acceptation comprehend such person. 87 Ark. 409; 114 Id. 47; 88 Id. 277; 6 Wall. 395; 5 Wheat. 76. 2. The receivers are not the owners of the railroad nor within the terms of the statute. 78 Fed. 290;-85 Id. 533; 177 U. S. 305; 18…
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Appeal from Marion Circuit Court; J. 1. Worthington, Judge; 1. The act, July 23, 1868, Kirby’s Digest, § 6595, is penal, strict construction is required, and no one can be brought within its terms unless the words of the statute, in their ordinary acceptation comprehend such person. 87 Ark. 409; 114 Id. 47; 88 Id. 277; 6 Wall. 395; 5 Wheat. 76. 2. The receivers are not the owners of the railroad nor within the terms of the statute. 78 Fed. 290;-85 Id. 533; 177 U. S. 305; 18 S. W. 578; 60 Fed. 176; 23 S. W. 317; 25 Id. 1076; High on Receivers, 553; 33 Cyc. 683. Kirby’s Digest, § 6732, does not…
1Opinion of the Court
, -Wood, J.
Section 6595 of Kirby’s Digest provides that a bell of at least 30 pounds in weight or a steam whistle shall be rung or blown at the distance of at least 80 rods from the place where the railroad shall cross any other road or street and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of $200 for any neglect, to be paid by the corporation owning the railroad.
The only question presented by this appeal is whether or not the above statute, is applicable to a receiver operating a railroad in his capacity as such receiver. The intention of…
2Cases cited5 opinions
- Schott v. HarveySupreme Court of Pennsylvania · 1884
- State v. CorbettSupreme Court of Minnesota · 1894
- Chicago, Rock Island & Pacific Railway Co. v. StateSupreme Court of Arkansas · 1907
- State v. St. Joseph, St. Louis & Santa Fe RailroadMissouri Court of Appeals · 1891
- Jordan v. HarrisSupreme Court of Arkansas · 1911
3Cited by3 opinions
- Prickett v. FarrellSupreme Court of Arkansas · 1970
- Great Northern Railway Co. v. OakleyWashington Supreme Court · 1925
- Bush v. StephensSupreme Court of Arkansas · 1917