Hester v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. E. Evans, Judge; 1. The court erred in sustaining the motion to quash. 216 S. W. 5. 2. The court erred in sustaining the demurrer of defendant. The complaint was sufficient and stated a cause of action.
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Appeal from Saline Circuit Court; W. E. Evans, Judge; 1. The court erred in sustaining the motion to quash. 216 S. W. 5. 2. The court erred in sustaining the demurrer of defendant. The complaint was sufficient and stated a cause of action. Act 447, Acts 1911, amending act No. 53 of 1913. The act is constitutional and valid. 2 Elliott on Railroads, par. 668; 3 Id. 1102, 1184-5; 11 L. R. A. 285. The intent of the Legislature governs, and in construing a statute the court looks to the former mischief, the proposed remedy, the reason of the change and the conditions existing. 47 Ark. 330; Kirby’s…
1Opinion of the CourtWood, J.
This action was brought by the appellant against the appellee. The appellant alleged in substance that the appellee operated a railroad, over 100 miles long, in the State of Arkansas, and over certain lands in Saline County, Arkansas, describing them; that in the year 1918 appellant cultivated a crop of corn consisting of thirty acres on the land described; that prior to 1918 the appellee had constructed stock guards on both the east and west sides of the inclosure of the lands at the points where the railroad enters the inclosure, but had negligently failed and refused to maintain said stock…
2Cases cited4 opinions
- State v. International Harvester Co.Supreme Court of Arkansas · 1906
- Choctaw & Memphis Railway Co. v. VosburgSupreme Court of Arkansas · 1903
- St. Louis, Memphis & Southeastern Railway Co. v. BusickSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. AdamsSupreme Court of Arkansas · 1907