Chicago, Rock Island & Pacific Railway Co. v. Fitzhugh
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; Alexander M. DufHe, Judge; Action by B. C. Fitzhugh against the Chicago, Rock Island & Pacific’ Railway 'Company to recover penalty for failure to construct a stock guard where the railroad passes through enclosed land of the plaintiff.
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Appeal from Hot Spring Circuit Court; Alexander M. DufHe, Judge; Action by B. C. Fitzhugh against the Chicago, Rock Island & Pacific’ Railway 'Company to recover penalty for failure to construct a stock guard where the railroad passes through enclosed land of the plaintiff. The plaintiff recovered judgment, and the defendants appealed. * 1. The “stock guard” statute, Kirby’s Digest § § 6644, 6645, being a penal statute in derogation of common right, must be strictly construed. 67 Ark. 357; 71 Ark. 232. “Penal statutes, in declaring what acts shall constitute an offense, and in prescribing the…
1Opinion of the CourtMcCulloch, J.
The only question involved in this appeal is whether or not there may be successive recoveries of penalties by the same landowner from a railroad company for successive 'failures, after repeated notices, to construct a stock guard at the same place. The plaintiff in this case, after having once recovered a penalty from the defendant for failure to construct a stock guard where its road passes through his enclosed land, gave notice again in accordance with the statute demanding construction of a stock guard at the same place, and seeks to recover a penalty for failure of the company to comply…
2Cases cited1 opinion
- Choctaw & Memphis Railway Co. v. VosburgSupreme Court of Arkansas · 1903
3Cited by1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1913