Legal Opinion

Clark v. Jonesboro, Lake City & Eastern Railroad

Supreme Court of Arkansas

Decided September 28, 1908PublishedCited by 1 opinion

Appeal from Greene Circuit Court; Prank Smith, Judge; 1. That Chickasawba is a regular station on appellee’s line of road is established by the evidence. By reason of the fact that its line crosses another railroad at this point, the statute makes it a regular station. Kirby’s Digest, § 6771; 84 Ark. 406; 13 Cyc. 1041; 9 Am. & Eng.

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Appeal from Greene Circuit Court; Prank Smith, Judge; 1. That Chickasawba is a regular station on appellee’s line of road is established by the evidence. By reason of the fact that its line crosses another railroad at this point, the statute makes it a regular station. Kirby’s Digest, § 6771; 84 Ark. 406; 13 Cyc. 1041; 9 Am. & Eng. Enc. of L. 366; 32 N. E. 817; 21 N. E 7- . 2. If there was evidence legally sufficient to sustain a verdict, it was the court’s duty to submit it to the jury. 57 Ark. 461. Chickasawba was not a regular station on appellee’s road. The Legislature has itself…

1Opinion of the CourtHill, C. J.

In March, 1906, Clark rode over the Jonesboro, Lake City & Eastern Railroad from Chickasawba to Blythe-ville and from Blytheville to Chickasawba, making nineteen trips between these points. He was charged, and paid, ten cents for his fare on each trip. The distance between these points is less than one mile. Clark has brought this suit for penalty, under the act of April 4, 1887 (secs. 6611, 6615, and secs. 6619-6620, Kirby’s Digest). Section 6612 provides that “any railroad company may charge the sum of twenty-five cents for the carriage of any passenger who may get on or off a train at…

2Cases cited4 opinions

  1. Illinois Central Railroad v. LatimerIllinois Supreme Court · 1889
  2. Land v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
  3. Chicago, Rock Island & Pacific Railway Co. v. StanfordSupreme Court of Arkansas · 1907
  4. State ex rel. Kellogg v. Suffolk & Carolina RailroadSupreme Court of North Carolina · 1888

3Cited by1 opinion

  1. Chicago, Rock Island & Pacific Railway Co. v. McElroySupreme Court of Arkansas · 1909

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