St. Louis, I. M. & S. Ry. Co. v. State

• Decision Date: 31 March 1913
• Citation: 155 S.W. 517
• Parties: ST. LOUIS, I. M. & S. RY. CO. v. STATE.
• Court: Arkansas Supreme Court

Page 517

155 S.W. 517

ST. LOUIS, I. M. & S. RY. CO. v. STATE.

Supreme Court of Arkansas.

March 31, 1913.

Appeal from Circuit Court, Bradley County; Henry W. Wells, Judge.

Action by the State against the St. Louis, Iron Mountain & Southern Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed in part and reversed in part.

On July 20, 1912, R. W. Wilson, prosecuting attorney, in the name of the state, for the use and benefit of Bradley county, filed in the Bradley circuit court 365 complaints against the St. Louis, Iron Mountain & Southern Railway Company. In case No. 317 the complaint alleged that on the 20th day of July, 1911, and during the nighttime of said date, the defendant operated a train on which it transports freight and passengers for hire over its road from McGehee to Warren, Ark., and return, and that it failed to place and maintain lanterns or lights (a green light to indicate the main line track and a red light to indicate the side track) at its first main switch east of the depot at Warren. On August 16, 1912, the cause was heard before the court sitting as a jury, and a penalty of $25 was assessed against the defendant. In cases numbered 318 to 682 the pleadings are the same as in No. 317, except that each complaint names a different date on which the offense is alleged to have been committed, covering a full year from the 21st of July, 1911. Over the objection of the defendant, these cases were consolidated and tried as one case under the number of 318. On August 16, 1912, the consolidated cases were submitted to the court sitting as a jury, and the court found for the plaintiff in all cases from 318 to 682, except cases numbered 572 to 585 inclusive. The court imposed a penalty of $25 in each case, making a total of $8,750.

The evidence in the cases shows that appellant ran and operated a train over its line of road during the nighttime of each day from July 21, 1911, to July 20, 1912, without ever placing a switch light at any main line switch, or this particular one, with the exceptions of about 15 nights during the high water when the train could not get over its road. From the judgment rendered in each case, the defendant has duly prosecuted an appeal to this court.

E. B. Kinsworthy and T. D. Crawford, both of Little Rock, and Jas. C. Knox, of Monticello, for appellant. R. W. Wilson, of Monticello, for the State.

HART, J. (after stating the facts as above).

The act under which the prosecuting attorney proceeded is Act No. 23 of the Public Acts of 1911, and is as follows:

"Section 1. Any company, corporation or officer of any court or any person or persons operating any line of railroad during the nighttime in this state shall be required to place and maintain sufficient lights during the nighttime on all its main line switches, of the line of railroad so operated, and, of the color green indicating main line and red to indicate side tracks.

"Sec. 2. That any company, corporation or officer of court or any person or persons, operating any railroad in this state, who shall violate any of the provisions of this act, shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars nor more than one hundred dollars for each separate offense, which penalty shall be recovered in a civil action in the name of the state."

The prosecuting attorney has moved the court to transfer the cases numbered 2468 and 2469 from the civil docket to the criminal docket and dismiss the appeal because the defendant did not lodge a transcript in the cases in...