Legal Opinion

Louisiana & Arkansas Railway Co. v. State

Supreme Court of Arkansas

Decided January 25, 1909Published

The grand jury of Columbia County at its August term, 1906, returned the following indictment (omitting caption) : Appeal from Columbia Circuit Court; George W. Hays, Judge; statement by the court.

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The grand jury of Columbia County at its August term, 1906, returned the following indictment (omitting caption) : Appeal from Columbia Circuit Court; George W. Hays, Judge; statement by the court. “The Grand Jury of Columbia County, in the name and by the authority of the State of Arkansas, on oath accuse the defendant, Louisiana & Arkansas Railway Company, of the crime of failing to signal at road crossing, committed as follows, to-wit: The said defendant, on the 27th day of August, 1906, in Columbia County, Arkansas, did unlawfully, being- then and there a railroad corporation operating a…

1Opinion of the Court

Wood, J.,

(after stating the facts.) “We- have repeatedly held that the penalty for the failure of a railroad company to ring a bell or sound a whistle at a highway crossing is recoverable by civil action onfy.” Choctaw, O. & G. Rd. Co. v. State, 75 Ark. 369; Railway Company v. State, 56 Ark. 166; Railway Company v. State, 55 Ark. 200; Kansas City S. & M. Rd. Co. v. State, 63 Ark. 134; St. Louis, I. M. & S. R. Co. v. State, 68 Ark. 561. The -cause should have been treated and tried as a civil action. Treating the indictment as a complaint in a civil suit, it did not state a cause of action.…

2Cases cited9 opinions

  1. Railway Co. v. StateSupreme Court of Arkansas · 1891
  2. Saint Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1901
  3. Railway Co. v. StateSupreme Court of Arkansas · 1894
  4. Railway Co. v. StateSupreme Court of Arkansas · 1892
  5. Little Rock & Fort Smith Railway Co. v. SmithSupreme Court of Arkansas · 1899

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