Arkansas Central Railroad v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. Sand. & H. Dig. § 6196, requiring certain signals to be given at railroad crossings, does not apply to receivers. 44 Ark. 322; Pierce, Railroads, 285; High, Rec. § 396; 23 Ind. 553; 58 Ark. 43; 38 Ark. 521; 59 Ark. 356; 55 Ark. 302; 26 S. N. 486; 2 Elliott, Railroads, § 577; 60 Eed. 176; 5 Ga. 481. The court erred in not requiring the complaint to be made more definite and certain. 55 Ark. 200;…
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Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. Sand. & H. Dig. § 6196, requiring certain signals to be given at railroad crossings, does not apply to receivers. 44 Ark. 322; Pierce, Railroads, 285; High, Rec. § 396; 23 Ind. 553; 58 Ark. 43; 38 Ark. 521; 59 Ark. 356; 55 Ark. 302; 26 S. N. 486; 2 Elliott, Railroads, § 577; 60 Eed. 176; 5 Ga. 481. The court erred in not requiring the complaint to be made more definite and certain. 55 Ark. 200; 59 Ark. 168; 63 Ark. 134.
1Opinion of the CourtBattle, J.
In these two cases the state of Arkansas sought to recover of the Arkansas Central’Railroad Company a penalty of $200 on account of failure to give signals by ringing a bell or whistling at a crossing of a public road by its railroad, in Sebastian county, according to Sand. & H. Dig. § 6196. In each case the failure to ring a bell or whistle was alleged and proved to have occurred in the month of November, 1899. At that time the locomotives, cars and trains of the defendant were in the exclusive possession of a receiver, placed there by an order of a' court of competent jurisdiction, the…
2Cases cited3 opinions
- Memphis & Little Rock Railway Co. v. StringfellowSupreme Court of Arkansas · 1884
- Line v. State ex rel. LouderIndiana Supreme Court · 1892
- Arnold v. ArnoldIndiana Supreme Court · 1895
3Cited by8 opinions
- Holt v. LeslieSupreme Court of Arkansas · 1915
- Brooks v. International Shoe Co.Supreme Court of Arkansas · 1918
- People v. MurrayNew York City Magistrates' Court · 1940
- Momand v. Paramount Publix Corp.Court of Appeals for the Tenth Circuit · 1937
- Opinion No., Arkansas Attorney General Reports2002
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