Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. State

Supreme Court of Arkansas

Decided October 19, 1914PublishedCited by 10 opinions

Appeal form Garland Circuit Court; Galvm T. Cot-ham, Judge; 1. The act in providing that it shall not apply to railroads less than one hundred miles in length, discriminates against railroads of .greater length, and denies to them the equal protection of the law. 183 U. S. 79, 111; 184 U. S. 540, 562; 165 IT.

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Appeal form Garland Circuit Court; Galvm T. Cot-ham, Judge; 1. The act in providing that it shall not apply to railroads less than one hundred miles in length, discriminates against railroads of .greater length, and denies to them the equal protection of the law. 183 U. S. 79, 111; 184 U. S. 540, 562; 165 IT. S. 150, 159; 124 Tenn. 1; 129 Mo. 163; 225 Mo. 561; 212 111. 418; 105 Minn. 256. The reasoning of the courts in sustaining the constitutionality of 'the Three Brakeman Act, Act 116, Acts 1907, 86 Ark. 412, 219 U. S. 443, does not sustain the ruling of the trial court in this ease. The…

1Opinion of the CourtMcCulloch, C. J.

Appellant railway company was convicted of violating the statute (Act No. 67, Acts 1913, approved February 20, 1913), which requires all railway companies operating roads one hundred miles and over in length to use crews of six men composed of an engineer, a fireman, a foreman and three helpers, while doing •switching in terminals or yards in cities of the first and second class. The act contains four sections and reads as follows:

“An Act for the better protection and safety of the public.
“Section 1. That no railroad company or corporation owning or operating any yards or terminals in the…

2Cases cited3 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. ArkansasSupreme Court of the United States · 1911
  2. Ozan Lumber Co. v. Union County Nat. Bank of LibertySupreme Court of the United States · 1907
  3. Chicago, Rock Island & Pacific Railway Co. v. StateSupreme Court of Arkansas · 1908

3Cited by10 opinions

  1. Missouri Pacific Railroad v. NorwoodSupreme Court of the United States · 1931
  2. Chicago, Rock Island and Pacific Railroad Co. v. HardinDistrict Court, W.D. Arkansas · 1965
  3. Missouri Pac. R. Co. v. NorwoodDistrict Court, W.D. Arkansas · 1930
  4. Hope v. HallSupreme Court of Arkansas · 1958
  5. Missouri Pac. R. v. NorwoodDistrict Court, W.D. Arkansas · 1935

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