Kansas City, Pittsburg & Gulf Railway Co. v. Pirtle
Supreme Court of Arkansas
Appeal from Polk Circuit Court. Will P. Fbazel, Judge. Notice is a fact, to be proved as all other facts. 16 Am. & Eng. Enc. Law, 857; 35 Mo. 71; 47 Mo. 304; 7 Yt. 152. The notice to the railway company required by § 6238, Band. & H. Dig., need not be served in any particular manner; audit was error to permit the return of the constable to be offered in evidence. Cf. Murfree, Sher. § 866.
1Opinion of the CourtBattle, J.
This action is based upon sections 6238 and 6239 of Baudels & Hill’s Digest, which are as follows: “It shall be the duty of all railroad companies organized under the laws of this state, which have constructed, or may hei’eafter construct, a railroad which may pass through or upon any enclosed lands of another, whether such lands were enclosed at the time of the construction of such railroad or were enclosed thereafter, upon receiving ten days’ notice in writing from the owner of said lands, to construct suitable and safe stock guards on either side of said enclosure where said railroads…
2Cited by2 opinions
- St. Louis & San Francisco Railroad v. HaleSupreme Court of Arkansas · 1907
- Kansas City Southern Railway Co. v. GreerSupreme Court of Arkansas · 1909