Zimmer v. State
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. James K. Young, Circuit Judge. Relied on section 26, of the act to incorporate the Miss. Val. R. R. Co., passed June 12th, 1856, together with the charter of the Cairo & Fulton Co., sec. 13. The right of exemption from road duty for employes was not lost by consolidation. See act of 2d March, 1869, sec. 4. There was authority to consolidate before Constitution of 1868 was adopted. See sec’. 10 of original charter.
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APPEAL from Miller Circuit Court. Hon. James K. Young, Circuit Judge. Relied on section 26, of the act to incorporate the Miss. Val. R. R. Co., passed June 12th, 1856, together with the charter of the Cairo & Fulton Co., sec. 13. The right of exemption from road duty for employes was not lost by consolidation. See act of 2d March, 1869, sec. 4. There was authority to consolidate before Constitution of 1868 was adopted. See sec’. 10 of original charter. The right cannot be withdrawn. Oliver v. Memphis & Little Rook R. R. Go., ante. Cited section 18, Bill of Rights, Constitution of 1868. This…
1Opinion of the Court
Harrison, J.:
George Zimmerman, the appellant, was indicted and convicted in the Miller Circuit Court for failing to work on the public road.
It was admitted on the trial that the defendant was, when warned by the overseer, and at the time appointed to work on the road, an employee and servant of the St. Louis, Iron Mountain and Southern Railroad Company, and that said Company was formed on the 30lh day of April, 1874, by the consolidation of the Cairo and Fulton Railroad Company with the St. Louis, Iron Mountain Railroad Company.
The defendant requested the court to instruct the jury that if…
2Cases cited1 opinion
- Tomlinson v. BranchSupreme Court of the United States · 1873
3Cited by4 opinions
- Ohio & Mississippi Railway Co. v. People ex rel. HannaIllinois Supreme Court · 1888
- Johnson v. StateSupreme Court of Alabama · 1889
- Lewis v. ClarendonU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Pearsall v. Great Northern Ry. Co.U.S. Circuit Court for the District of Minnesota · 1895