Legal Opinion

Kansas City Southern Railway Co. v. State

Supreme Court of Arkansas

Decided January 25, 1915PublishedCited by 5 opinions

Appeal from Benton Circuit Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. Appellant brings this appeal from a judgment of conviction for violation -of the “Full 'Crew Law” or “Three Brakeman Act” of Arkansas, Act No. 116, of the Acts of 1907, in Benton County, by operating a freight train, consisting -of more than twenty-five loaded freight oars and a caboose, over its line of road in said -county, with a crew of less than three brakemen.

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Appeal from Benton Circuit Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. Appellant brings this appeal from a judgment of conviction for violation -of the “Full 'Crew Law” or “Three Brakeman Act” of Arkansas, Act No. 116, of the Acts of 1907, in Benton County, by operating a freight train, consisting -of more than twenty-five loaded freight oars and a caboose, over its line of road in said -county, with a crew of less than three brakemen. It admitted operating a freight train over its line of railroad in Benton County, which it alleged was only 28.8 miles in length, with only two…

1Opinion of the Court

Kirby, J.,

(.after stating the facts). It is first contended for appellant that the act is not applicable to the operation of its road in Benton County, which is less than fifty miles in length within the State, therein. Section 1 of the act provides that no railroad compiany, etc., operating any line of railroad in the 'State, engaged in the transportation of freight, shall equip its; freight trains, with a crew consisting of fewer men than an engineer, fireman, conductor and three brakemen, “ regardless of .any modern equipment of automatic coupler and air brakes, except as hereinafter…

2Cases cited6 opinions

  1. The Minnesota Rate CasesSupreme Court of the United States · 1913
  2. South Covington & Cincinnati Street Railway Co. v. City of CovingtonSupreme Court of the United States · 1915
  3. State v. Lancashire Fire InsuranceSupreme Court of Arkansas · 1899
  4. Chicago, Rock Island & Pacific Railway Co. v. StateSupreme Court of Arkansas · 1908
  5. Leonard v. StateSupreme Court of Arkansas · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Union Pacific Railroad v. AndersonOregon Supreme Court · 1941
  2. Hope v. HallSupreme Court of Arkansas · 1958
  3. Cook, Comm. of Rev. v. Ks. City Southern R.R. Co.Supreme Court of Arkansas · 1947
  4. Indiana Harbor Belt Railroad v. Public Service CommissionIndiana Court of Appeals · 1970
  5. Kansas City Southern Railway Company v. StateSupreme Court of Arkansas · 1948

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