Legal Opinion

St. Louis Southwestern Railway Co. v. Stewart

Supreme Court of Arkansas

Decided November 28, 1921PublishedCited by 10 opinions

Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. On this appeal the duty of this court is to try the case de novo, in accordance with the procedure defined 'by Act No. 124, approved February 15, 1921, and it should not govern itself by the rule heretofore established not to pass upon the weight of the evidence on appeals from'findings of facts by trial courts or verdicts of juries. 2. The court can consider no evidence other than that shown in the…

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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. On this appeal the duty of this court is to try the case de novo, in accordance with the procedure defined 'by Act No. 124, approved February 15, 1921, and it should not govern itself by the rule heretofore established not to pass upon the weight of the evidence on appeals from'findings of facts by trial courts or verdicts of juries. 2. The court can consider no evidence other than that shown in the record, — it cannot consider the personal impressions of the members of the commission, nor the information given the…

1Opinion of the CourtMcCulloci-i, C. J.

This appeal brings up for review proceedings before the Corporation Commission, initiated against appellant by citizens of the town of Lewisville, to require the company to construct a new passenger station at that place. Notice was given as required by statute, there was a hearing upon the testimony of witnesses and an order was made by the Commission requiring the construction of a new building as prayed for in the petition. An appeal to the Pulaski Circuit Court was prayed and granted, and a few days thereafter the statute now in force was enacted abolishing the Corporation Commission and…

2Cases cited2 opinions

  1. Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1913
  2. Ohio Valley Water Co. v. Ben Avon BoroughSupreme Court of the United States · 1920

3Cited by10 opinions

  1. Fisher v. BranscumSupreme Court of Arkansas · 1967
  2. Fort Smith Light & Traction Co. v. BourlandSupreme Court of Arkansas · 1923
  3. Jernigan, Bank Commissioner v. Loid Rainwater Co.Supreme Court of Arkansas · 1938
  4. Wisinger v. StewartSupreme Court of Arkansas · 1949
  5. Piggott State Bank v. State Banking BoardSupreme Court of Arkansas · 1967

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