St. Louis & San Francisco Railroad v. Hale
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Frederick D. Fulkerson, Judge; The statute requiring railroad companies to construct cattle-guards is in derogation of the common law, and penal in its nature, and should be strictly construed. 67 Ark. 358; 59 Id. 356; 68 S. W. 879; 57 Ark. 16; 48 Id. 493; 72 S. W. 574; 57 Ark. 330; 86 S. W. 764. Service of notice under the cattle-guard statute must be personal service, and not merely service on an agent of' the company. 68 Ark. 238; 60…
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Appeal from Mississippi Circuit Court; Frederick D. Fulkerson, Judge; The statute requiring railroad companies to construct cattle-guards is in derogation of the common law, and penal in its nature, and should be strictly construed. 67 Ark. 358; 59 Id. 356; 68 S. W. 879; 57 Ark. 16; 48 Id. 493; 72 S. W. 574; 57 Ark. 330; 86 S. W. 764. Service of notice under the cattle-guard statute must be personal service, and not merely service on an agent of' the company. 68 Ark. 238; 60 S. W. 657; 68 Id. 879; 86 Id. 242; '87 Id. 6ió; 18 Barb. 393; 25 Id. 635; 13 Hun, 211; 69 Fed. 819; 49 la. 255; 79 Mo.…
1Opinion of the CourtRiddick, J.
This is an appeal by a railway company from a judgment rendered against it in the circuit court of Mississippi .County for a penalty of $200 for failing to construct stock gaps at two places where the railroad operated by defendant passed through inclosed land owned by plaintiff.
The first contention on part of the defendant is that it is only the lessee of the railroad, and not the owner thereof, and that the statute requiring railroad companies organized under the laws of this' State to construct stock gaps in certain cases does not apply. But our statutes provide that any railroad…
2Cases cited4 opinions
- Russell v. St. Louis, Southwestern Railway Co.Supreme Court of Arkansas · 1903
- Kansas City, Pittsburg & Gulf Railway Co. v. LowtherSupreme Court of Arkansas · 1900
- Kansas City, Pittsburg & Gulf Railway Co. v. PirtleSupreme Court of Arkansas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. MendenhallSupreme Court of Arkansas · 1902
3Cited by6 opinions
- Chicago, Rock Island & Pacific Railway Co. v. JaberSupreme Court of Arkansas · 1908
- Chicago, Rock Island & Pacific Railway Co. v. StateSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. CaldwellSupreme Court of Arkansas · 1910
- Chicago, R. I. & P. Ry. Co. v. LudwigU.S. Circuit Court for the District of Eastern Arkansas · 1907
- McAlister v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
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