Railway Co. v. State
Supreme Court of Arkansas
CERTIORARI to Sebastian Circuit Court, Greenwood District. T. C. Humphry, Judge. 1. The penalty sought to be recovered herein cannot be recovered by indictment, because sec. 5482, Mansf. Dig., provides for a suit by the prosecuting attorney in the name of •the State, which means a civil action. 2. Section 5478 is unconstitutional.
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CERTIORARI to Sebastian Circuit Court, Greenwood District. T. C. Humphry, Judge. 1. The penalty sought to be recovered herein cannot be recovered by indictment, because sec. 5482, Mansf. Dig., provides for a suit by the prosecuting attorney in the name of •the State, which means a civil action. 2. Section 5478 is unconstitutional. It was enacted under the constitution of 1868. Acts 1868, sec. 34. Art. ■9, sec 4, const. 1868, provides that all Jines, penalties, etc., shall go to the school fund. The act provides that one-half •of the penalty shall go to the informer and the other half to the…
1Opinion of the CourtHemingway, J.
The State, suing for the use .of Sebastian ■county, recovered a judgment against the petitioner for the penalty fixed by the-statute for a failure.to ring a bell or sound ■a whistle in approaching a highway crossing; and the petitioner seeks to quash that judgment in this court upon a certiorari. The statute is as follows: “A bell of at least thirty pounds weight, or a steam, whistle, shall be placed on each locomotive or engine, and shall b.e rung or whistled at.the ■distance of at least eighty rods from the place where said road shall cross any other road or street, apd shall be kept…
2Cases cited2 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Arnold v. BoothWisconsin Supreme Court · 1861
3Cited by21 opinions
- Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948
- Healey & Roth v. HuieSupreme Court of Arkansas · 1952
- Saint Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1901
- Railway Co. v. StateSupreme Court of Arkansas · 1894
- Railway Co. v. StateSupreme Court of Arkansas · 1892
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