Dean v. State
Supreme Court of Alabama
Appeal from.Bessemer City Court. Heard before Hon William Jackson. Louis R. Dean was convicted of a violation of Code 1896, § 5368, making it an offense for the conductor of a railroad train to fail to keep a sufficiency of good drinking water thereon, and he appeals. A violation of this statute, section 5368, is purely a statutory offense and the indictment must follow the language of the statute.
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Appeal from.Bessemer City Court. Heard before Hon William Jackson. Louis R. Dean was convicted of a violation of Code 1896, § 5368, making it an offense for the conductor of a railroad train to fail to keep a sufficiency of good drinking water thereon, and he appeals. A violation of this statute, section 5368, is purely a statutory offense and the indictment must follow the language of the statute. Miles v. The State, 94 Ala. 106; Agee v. The State, 25 Ala. 67; Giles v. The State, 89 Ala. 50'. The evidence in this case does not bring the defendant within the grade of conductors as provided by…
1Opinion of the Court
ANDERSON, — J.
The defendant ivas indicted and convicted under section 5368 of the Code of 1896, which reads as follows: ’’Railroad companies must keep good lights on their night trains, and a sufficiency of good drinking water on all trains; and every conductor, who runs any train without lights or water, as required by this section, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars.” This -section was enacted for the purpose of giving force and effect to section 3456 of the Code of 3.896, and which reads as follows: “Every railroad company shall keep…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
3Cited by8 opinions
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Pullman-Standard Car Mfg. Co. v. StateSupreme Court of Alabama · 1950
- Sellers v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1918
- Birmingham Railway, Light & Power Co. v. OzburnAlabama Court of Appeals · 1911
- Dean v. StateSupreme Court of Alabama · 1908
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