Railway Co. v. B'Shears
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment of the circuit court of Hempstead county, granting a mandamus to compel the appellant to stop its fast train, known as the “Cannon Ball,” at the incorporated town of Pulton upon the line of the road in said county.
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Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment of the circuit court of Hempstead county, granting a mandamus to compel the appellant to stop its fast train, known as the “Cannon Ball,” at the incorporated town of Pulton upon the line of the road in said county. The petition states that petitioner was the mayor of Pulton, an incorporated town in Hempstead county, Arkansas ; that defendant was an incorporated railway, and a common carrier of passengers and freight; that defendant’s railway extended from Texarkana through…
1Opinion of the Court
Hughes, J.,
(after stating the facts). The only question we have considered and determined in this case is, whether this suit can be maintained, the citizens of Fulton having failed to provide and tender to the railway company means sufficient to defray the reasonable expenses of grading a switch or side track at said town of ffulton for the use of said company, in accordance with the requirement of section 5501 of Mansfield’s Digest. There does not appear to be any ambiguity or obscurity in this section of the statute. Where a statute is unambiguous, as a general rule, but little room is left…
2Cases cited3 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Memphis & Little Rock Railroad v. CarlleySupreme Court of Arkansas · 1882
- St. Louis, Iron Mountain & Southern R. R. v. HaganSupreme Court of Arkansas · 1883
3Cited by13 opinions
- United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
- Ex parte DeedsSupreme Court of Arkansas · 1905
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Baird v. MooreNew Jersey Superior Court Appellate Division · 1958
- Summers v. Road Improvement District No. 16Supreme Court of Arkansas · 1923
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