St. Louis, Iron Mountain & Southern Railway Co. v. State

• Decision Date: 08 June 1901
• Citation: 63 S.W. 804,69 Ark. 363
• Parties: ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY v. STATE
• Court: Arkansas Supreme Court

63 S.W. 804

69 Ark. 363

ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY v. STATE

Supreme Court of Arkansas

June 8, 1901

Appeal from Sebastian Circuit Court, EDGAR E. BRYANT, Judge.

STATEMENT BY THE COURT.

This is an appeal from a judgment against the appellant for $ 200 penalty, as provided in section 6196, Sandels & Hill's Digest. 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 road, 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 Hacket 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 employees, 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 proved exactly as alleged.

"It becomes necessary for you to find that said locomotive was a locomotive and tender; that it was running backward; that it was No. 441; that it ran across the crossing on the Greenwood and Hackett City road; and that it failed to sound a steam whistle or ring a bell continuously for 80 rods before said crossing.

"The penalty is $ 200 if the defendant is found guilty. If you find for the defendant, it would simply be a verdict of not guilty for the defendant."

The defendant objected separately and properly to each paragraph of said charge at the time it was given, but said objections were overruled, and all separate and proper exceptions saved.

The jury returned a verdict in favor of plaintiff for $ 200. Defendant...