State v. Railroad Co.
Supreme Court of Arkansas
APPEAL from Sharp Circuit Court. James W. Butler, Judge. Section 547^, Mansfield’s Digest, is taken from section 34, act July 23, 1868, section 38 of which provides the manner of enforcing the penalty. The remedy provided is cumulative and not exclusive. 12 Conn., 526; 19 Tex., 158; Arch. Cr. PI. & Pr., 1, 2; 1 Russ., Cr. (3 Eng. ed.), 50; Bish. Wr. Laws, sec. 251 ; 1 Whar. Cr. L., sec. 26, note 2; Endl. Int.
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APPEAL from Sharp Circuit Court. James W. Butler, Judge. Section 547^, Mansfield’s Digest, is taken from section 34, act July 23, 1868, section 38 of which provides the manner of enforcing the penalty. The remedy provided is cumulative and not exclusive. 12 Conn., 526; 19 Tex., 158; Arch. Cr. PI. & Pr., 1, 2; 1 Russ., Cr. (3 Eng. ed.), 50; Bish. Wr. Laws, sec. 251 ; 1 Whar. Cr. L., sec. 26, note 2; Endl. Int. St., sec. 467 ; 4 T. R., 202 ; 15 L. J. N. S. Q. B., 227; 12 Conn., 526; 19 Tex., 158; 43 Fed. Rep., 374; Cr. Code, sec. 6; Bish. Wr. Laws, sec. 253. The words “ may be sued for ” do not…
1Opinion of the CourtMansfield, J.
The grand jury of Sharp county indicted the Kansas City, Springfield and Memphis Railroad Company for a neglect to comply with the provisions of section 34 of the act entitled “ an act to provide for a general system of railroad incorporation,” approved July 23, 1868; Mansf. Dig., secs. 5472-5487. The section referred to is as follows: “ A bell of at least thirty pounds-weight, -or a steam whistle, shall be placed on each locomotive or •engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said road shall •cross any other road or street, and be…
2Cases cited1 opinion
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1864
3Cited by3 opinions
- Railway Co. v. StateSupreme Court of Arkansas · 1893
- Splinter v. StateWisconsin Supreme Court · 1909
- State v. RingSupreme Court of Arkansas · 1905