Choctaw & Memphis Railroad v. Goset
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. A statement in writing by a constable as to how service was made is not competent. 60 S. W. 657. The right of way conveyance operated as an estoppel against appellee from claiming any right to compel appellant to construct stock guards. 47 Ark. 330; 35 Am. & Eng.
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Appeal from Sebastian Circuit Court. Styles T. Rowe, Judge. A statement in writing by a constable as to how service was made is not competent. 60 S. W. 657. The right of way conveyance operated as an estoppel against appellee from claiming any right to compel appellant to construct stock guards. 47 Ark. 330; 35 Am. & Eng. R. Cas. 178; 100 Ind. 301. Railroads cannot be compelled to perform impossibilities. 58 Mich. 300. Railroads are excused from performing duties which endanger the lives of their servants or passengers, or interfere with the transaction of their business. 94 Ind. 45;…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment of the circuit court of Sebastian county, rendered in favor of John Goset and against the Choctaw & Memphis Railroad Company, for the sum of $300 as a penalty for its failure to construct “suitable and safe stock guards” on either side of enclosed land owned by Goset and traversed by the railroad of defendant.
A statute of this state requires that where a railroad passes through enclosed land of another it shall be the duty of the company owning the road, upon receiving ten days’ notice in writing from the owner of the land, to construct “suitable and safe…
2Cases cited4 opinions
- Howcott v. KilbournSupreme Court of Arkansas · 1884
- McCloud v. O'NeallCalifornia Supreme Court · 1860
- Graham v. RoarkSupreme Court of Arkansas · 1861
- Kansas City, Pittsburg & Gulf Railway Co. v. LowtherSupreme Court of Arkansas · 1900
3Cited by9 opinions
- Black v. HogsettSupreme Court of Arkansas · 1920
- Southwestern Telegraph & Telephone Co. v. AbelesSupreme Court of Arkansas · 1910
- Midland Valley R. Co. v. BryantSupreme Court of Oklahoma · 1913
- Thomas v. JacksonSupreme Court of Arkansas · 1912
- St. Louis, Memphis & Southeastern Railway Co. v. BusickSupreme Court of Arkansas · 1905
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