St. Louis, Iron Mountain & Southern Railway Co. v. State
This text of 63 S.W. 804 (St. Louis, Iron Mountain & Southern Railway Co. v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
(after stating the facts). The evidence in this case fails entirely to sustain the allegations of the complaint.. The complaint alleges that the offense was committed at or near the Greenwood and Scullyville wagon road, while the evidence tends to show, if committed at all, it was committed in failing to ring’ the bell or sound the whistle when about to cross the Greenwood and Hackett City public road. It seems that the court miist have made a mistake in stating the case to the jury. The court committed error, we think, in not instructing the jury to find for the . defendant, and in its charge to the jury, which is without evidence. on which to base it.
Reversed and remanded for a new -trial.
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Cite This Page — Counsel Stack
63 S.W. 804, 69 Ark. 363, 1901 Ark. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-iron-mountain-southern-railway-co-v-state-ark-1901.