Choctaw, Oklahoma & Gulf Railroad v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. Defendant’s notion to quash summons and its demurrer to the indictment should have been sustained.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. Defendant’s notion to quash summons and its demurrer to the indictment should have been sustained. Failure of a railroad company to sound a whistle or ring a bell at a crossing is not a public offense. 55 Ark. 200; 56 Ark. 166; 63 Ark. 134; 68 Ark. 561. The grand jury had no authority to indict. 63 Ark. 140; Kirby’s Dig. § 2197. Defendant’s motion to make the indictments more specific should have been sustained. 59 Ark. 169; 69 Ark. 363; 66 Ark. 278, 281; 85 S. W. 85; Kirby’s Dig. § § 6090, 6091, 6129; 32 Ark. 43;…
1Opinion of the CourtBattue, J.
The following complaint, in the form of an indictment, was filed in this action:
“The grand jury of Sebastian County for the Greenwood District thereof, in the name and by the authority of the State of Arkansas, accuse the defendant, Choctaw; Oklahoma & Gulf Railroad Company, of the crime of failing to ring bell or sound whistle at public road crossing, committed as follows, towit: The said defendant, a corporation owning and operating a line of railroad running through the Greenwood District of Sebastian County, Ark., in the county and district aforesaid, on the 4th day of May, 1902, did…
2Cases cited7 opinions
- Railway Co. v. StateSupreme Court of Arkansas · 1891
- Saint Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1901
- Railway Co. v. StateSupreme Court of Arkansas · 1894
- Railway Co. v. StateSupreme Court of Arkansas · 1892
- Little Rock & Fort Smith Railway Co. v. SmithSupreme Court of Arkansas · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Louis & San Francisco Railroad v. ConartySupreme Court of Arkansas · 1916
- Western Union Telegraph Co. v. AndrewsU.S. Circuit Court for the District of Eastern Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1913
- Louisiana & Arkansas Railway Co. v. StateSupreme Court of Arkansas · 1909