State v. Arkadelphia Lumber Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court. Joel D. Conway, Judge. It was error to refuse the first, second and fourth prayers of appellant for instructions. Sand. & II. Dig., §§ 3374, 3378, 3379, 3380. The failure of the clerk to make out a copy of the rates fixed by the county court does not excuse appellee. It could have obtained such copy by mandamus. 43 Ark. 62; 45 Ark. 121; Black, Interp.
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Appeal from Clark Circuit Court. Joel D. Conway, Judge. It was error to refuse the first, second and fourth prayers of appellant for instructions. Sand. & II. Dig., §§ 3374, 3378, 3379, 3380. The failure of the clerk to make out a copy of the rates fixed by the county court does not excuse appellee. It could have obtained such copy by mandamus. 43 Ark. 62; 45 Ark. 121; Black, Interp. Laws, 335. There was no error in the refusal of the appellant’s first, second and fourth prayers for instructions, there being no proof that the river at the place of the ferry was a “public navigable stream,”…
1Opinion of the CourtWood, J.
This suit was to recover the penalty under Sand. & EL Dig., § 3395, which is as follows: “Every keeper of such ferry shall keep constantly posted up in some conspicuous place at such ferry the rates of toll allowed to be charged. If any ferryman fail or neglect to do so, he shall forfeit and pay the sum of $4 for every such neglect; each day that such ferry rates are not so posted up shall constitute a separate offense, which sum may be recovered ■ in a civil action, one-half for the use of the informer and the other half to the school fund.”
Sections 3379 and 3380 are as follows: “The toll of…
2Cases cited5 opinions
- Hawkins v. TaylorSupreme Court of Arkansas · 1892
- Casey v. StateSupreme Court of Arkansas · 1890
- Robinson v. StateSupreme Court of Arkansas · 1894
- Stout v. StateSupreme Court of Arkansas · 1884
- Grace v. StateSupreme Court of Arkansas · 1882
3Cited by5 opinions
- Bennett v. StateSupreme Court of Arkansas · 1972
- State v. International Harvester Co.Supreme Court of Arkansas · 1906
- Stuart v. StateSupreme Court of Arkansas · 1953
- Bennett v. StateSupreme Court of Arkansas · 1972
- Fulton Ferry & Bridge Co. v. HuckinsSupreme Court of Arkansas · 1927