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

• Decision Date: 08 June 1901
• Citation: 63 S.W. 804
• Parties: ST. LOUIS, I. M. & S. RY. CO. v. STATE.
• Court: Arkansas Supreme Court

63 S.W. 804

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

Supreme Court of Arkansas.

June 8, 1901.

Appeal from circuit court, Sebastian county; Edgar E. Bryant, Judge.

Action by the state against the St. Louis, Iron Mountain & Southern Railway Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.

This is an appeal from a judgment against the appellant for $200 penalty, as provided in section 6196, Sand. & H. Dig. The complaint alleged that the railway company, operating its railway in the Greenwood district of Sebastian county, ran or caused to be run through said township, along the tracks of its roads, a locomotive and train across the Greenwood and Scullyville wagon road, in district numbered 13 in said township, going southward (the number of said engine being unknown), "without sounding a steam whistle or ringing a bell continuously for 80 rods, or at all, before such crossing." A plea of not guilty was interposed by the railway company. The evidence was that the offense was committed, if committed at all, in crossing the Greenwood and Hackett City public road. The defendant, declining to introduce any evidence, asked that the jury be instructed to return a verdict for the defendant "because of the insufficiency of the evidence to support an adverse finding." This instruction was refused, to which the defendant saved its exceptions. The court then charged the jury as follows:

"Gentlemen of the Jury: The complaint alleges that the defendant, the St. Louis, Iron Mountain & Southern Railway Company, is operating a line of railroad through Center township, in Sebastian county, across the Greenwood and Hackett City road, district No. 6, in said township.

"The complaint further alleges that on February 26, 1897, defendant, by its servants and employés, ran, or caused to be run, along the track of its said railroad, a locomotive and tender across said road, which may be known as the `Greenwood and Hackett City Road,' the number of said locomotive being 441, as plaintiff is informed, running south backward without sounding a whistle or ringing a bell, about 2 o'clock p. m., the hour not being exactly known.

"In this character of cases, gentlemen, it becomes necessary for the state, in order to recover, to prove by a fair preponderance of evidence the facts as alleged in the complaint. And the facts must be proven exactly as alleged.

"It becomes necessary for you to find that said locomotive was a locomotive and tender, that it...