Railway Co. v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court. C. W. Bell, for the use of himself and Miller county, Arkansas, brought suit against the St. Louis, Arkansas & Texas Railway Co., to collect the statutory penalty for defendant’s failure to signal at a certain highway crossing. Defendant demurred because the plaintiff had no capacity to sue, and because the complaint failed to state a cause of action. The court sustained the demurrer upon the first ground.
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Appeal from Miller Circuit Court. C. W. Bell, for the use of himself and Miller county, Arkansas, brought suit against the St. Louis, Arkansas & Texas Railway Co., to collect the statutory penalty for defendant’s failure to signal at a certain highway crossing. Defendant demurred because the plaintiff had no capacity to sue, and because the complaint failed to state a cause of action. The court sustained the demurrer upon the first ground. Plaintiff asked leave to amend by making the State a party plaintiff for the use of himself and Miller county — -an application in which the prosecuting…
1Opinion of the CourtHemingway, J.
1. Validit3r of statute concerning1 railway sigmals.
This court decided, in the case of Railway Company v. State, 55 Ark. 200, that if section 5478, Mansf. Dig., was unconstitutional in so far as it awards a part of the penalty to an informer, the remaining provisions were legally separable and would stand. We are now asked to review the decision, but nothing is suggested that was not considered upon the hearing of that cause, and we abide in the conviction that our conclusion was correct.
% What are criminal offenses.
It is next insisted that the act creates and defines a crime, for which the…
2Cases cited4 opinions
- Railway Co. v. StateSupreme Court of Arkansas · 1891
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Milliken v. WhitehouseSupreme Judicial Court of Maine · 1860
- Otis v. ThornSupreme Court of Alabama · 1850
3Cited by11 opinions
- Davis v. ChrispSupreme Court of Arkansas · 1923
- Oliver v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
- Railway Co. v. StateSupreme Court of Arkansas · 1894
- Hammond Packing Co. v. StateSupreme Court of Arkansas · 1907
- Choctaw, Oklahoma & Gulf Railroad v. StateSupreme Court of Arkansas · 1905
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