Kansas City, Pittsburg & Gulf Railway Co. v. Lowther
Supreme Court of Arkansas
Appeal from Polk Circuit Court. Will P. Feazel, Judge. statement by the court. The appellee brought a suit in the Polk county circuit court to recover the penalty provided in sections 6238-9, Sanddels & Hill’s Digest.
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Appeal from Polk Circuit Court. Will P. Feazel, Judge. statement by the court. The appellee brought a suit in the Polk county circuit court to recover the penalty provided in sections 6238-9, Sanddels & Hill’s Digest. The statute referred to provides that if any railroad company fails to put in and keep in repair safe cattle guards, after due notice given in writing, the party aggrieved may recover a penalty not less than $25 nor more than §200. The plaintiff alleged in his complaint that he was the owner of certain lands, describing them, and that he gave the notice mentioned in the statute,…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Section 6238 of Sandels & Hill’s Digest is as follows: “It shall be the duty of all railroad companies organized under the laws of this state, which have constructed, or may hereafter construct, a railroad which may pass through or upon any enclosed lands of another, whether such lands were enclosed at the time of the construction of such railroad, or were enclosed thereafter, upon receiving ten days’ notice in writing from the owner of said lands, to construct suitable and safe stock guards on either side of said enclosure where said railroads enter said…
2Cited by3 opinions
- Choctaw & Memphis Railroad v. GosetSupreme Court of Arkansas · 1902
- St. Louis & San Francisco Railroad v. HaleSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MendenhallSupreme Court of Arkansas · 1902