Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. State

Supreme Court of Arkansas

Decided July 10, 1916PublishedCited by 3 opinions

Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. This prosecution is under Acts 1911, 263. -Penal statutes, * * * strictly construed — nothing will be taken as intended, not clearly expressed. 79 Ark. 517; 107 Id. '450; 6 Id. 131; 43 Id. 415;. 87 Id. 411; 64 Id. 271. A failure to properly block all the frogs, constitutes only one offense..

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Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. This prosecution is under Acts 1911, 263. -Penal statutes, * * * strictly construed — nothing will be taken as intended, not clearly expressed. 79 Ark. 517; 107 Id. '450; 6 Id. 131; 43 Id. 415;. 87 Id. 411; 64 Id. 271. A failure to properly block all the frogs, constitutes only one offense.. All omissions are only one continuing offense, and a conviction in the first case is a bar to further convictions. 107 Ark. 450. See, also, 6 Id. 131; 43 Id. 415; 87 Id. 411; 68 Id. 34; 79 Id. 313; 64 Id. 271; 13 Am. & Ene. Law (2 ed.) 63; 86 Penn.…

1Opinion of the CourtHart, J.

On the 10th day of August, 1915, the prosecuting attorney filed an information before a justice of the peace in Pope County, Arkansas, charging that the St. Louis, Iron Mountain & Southern Railway Company, on the 2d day of August, 1915, did unlawfully fail, neglect and refuse to place and maintain blocks of sufficient size to prevent employees from getting their feet caught in the fifth frog east of the icing station in the yards at Russellville, Ark., as required by section 1, Act 261, of the General Acts of 1911.

On the 11th day of August, 1915, the prosecuting attorney filed another…

2Cases cited4 opinions

  1. United States v. ChouteauSupreme Court of the United States · 1881
  2. Railway Co. v. StateSupreme Court of Arkansas · 1892
  3. Kansas City, Memphis & Birmingham Railroad v. SpencerMississippi Supreme Court · 1894
  4. St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1913

3Cited by3 opinions

  1. St. Louis-San Francisco Railway Co. v. StateSupreme Court of Arkansas · 1929
  2. Alexander Film Co. v. State Ex Rel. Phillips CountySupreme Court of Arkansas · 1941
  3. State v. DavisUtah Supreme Court · 1919

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