{ "id": 1507817, "name": "St. Louis, Iron Mountain & Southern Railway Company v. Mendenhall", "name_abbreviation": "St. Louis, Iron Mountain & Southern Railway Co. v. Mendenhall", "decision_date": "1902-12-20", "docket_number": "", "first_page": "133", "last_page": "135", "citations": [ { "type": "official", "cite": "71 Ark. 133" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "67 Ark. 357", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1152548 ], "opinion_index": -1, "case_paths": [ "/ark/67/0357-01" ] }, { "cite": "68 Ark. 238", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1334040 ], "opinion_index": 0, "case_paths": [ "/ark/68/0238-01" ] } ], "analysis": { "cardinality": 310, "char_count": 5003, "ocr_confidence": 0.465, "pagerank": { "raw": 7.19974882344708e-08, "percentile": 0.4304826265932879 }, "sha256": "33c163be70d1f6c811536c3389aa0c463a24bc51c9dd1e18d1e8034fca7b002b", "simhash": "1:3e19c0c090d22b80", "word_count": 854 }, "last_updated": "2023-07-14T19:01:48.196038+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "St. Louis, Iron Mountain & Southern Railway Company v. Mendenhall." ], "opinions": [ { "text": "Wood, J.,\n(after stating the facts.) Appellant seeks the reversal of a judgment against it for $25:\n(1) Because the proof of service of the notice to construct a cattle guard was insufficient. The indorsement purporting to be the certificate of the sheriff, by his deputy, on the back of the notice, showing that he had served the same, was no proof of the service of the notice. Kansas City, P. & G. Ry. Co. v. Lowther, 68 Ark. 238; Kansas City, P. & G. Ry. Co. v. Pirtle Id., 548. This certificate did not affect the question of the service of the notice one way or the other. But the plaintiff testified that \u201che served a notice upon E. T. Shaw, agent at Greenwood.\u201d This was proof of the service of such notice, and the certificate, not being evidence of anything, could not be used to contradict the plain statement of appellee that \u201che served the notice.\u201d If the certificate could serve the purpose of proof of service of notice at all, it would only show that the notice in fact was served, and the result would be the same. For it is the fact of service, and not who served, that is material.\n(2) Because \u201cthe notice did not accurately and sufficiently describe plaintiff\u2019s enclosure.\u201d It was undisputed that appellee\u2019s railway passed through appellee\u2019s enclosure situated upon the southwest quarter of the southeast quarter and the southeast quarter of the southwest quarter, sec. 35, township 7 north, range 31 west. This was the land described in the notice, and the notice plainly directed that the stock guard should be constructed \u201con the north side of my enclosed land where your railroad enters same.\u201d\nIt is not pretended that there was more than one enclosure upon the eighty described. It is not possible that this one enclosure could have had more than one north side. It is not pretended that the railway entered the enclosure at more than one point on the north side. The notice was therefore sufficiently definite.\nAffirm.", "type": "majority", "author": "Wood, J.," } ], "attorneys": [ "Loviclc P. Miles and Dodge & Johnson, for appellant." ], "corrections": "", "head_matter": "St. Louis, Iron Mountain & Southern Railway Company v. Mendenhall.\nOpinion delivered December 20, 1902.\nRailroads \u2014 Sufficiency of Notice to Construct Stock Guards. \u2014 -A notice to a railroad company to construct a stock guard on both sides of an enclosure in a certain eighty-acre tract of land sufficiently describes the enclosure, if the land is properly described, and there is but one enclosure on the land.\nAppeal from Sebastian Circuit Court, Greenwood District.\nStyles L. Rowe, Judge.\nAffirmed.\nstatement by the court.\nThis is a suit to recover a penalty, under \u00a7\u00a7 6238, 6239, of Sandels & Hill\u2019s Digest. They are as follows:\n\u201cIt 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\u2019 notice in writing from the owner of said lands, to construct suitable and safe stock guards on either side of said enclosure where said railrbads enter said enclosure and to keep the same in good repair.\n\u201cAny railroad company failing to comply with the requirements of the preceding section shall be liable to the person or persons aggrieved thereby for a penalty of not less than $25. nor more than $200 for each and every offense, to be collected by civil action in any court having jurisdiction thereof.\u201d\nAppellee testified that on the 15th day of August, 1898, he served a notice upon the defendant, the same being served upon E. T. Shaw, agent at Greenwood, directing the railway company to construct a safe and suitable stock guard on the north side of the enclosed land where the railroad entered the same. The notice was then submitted in evidence by the plaintiff and reads as follows :\nTo the St. Louis, Iron Mountain & Southern Railway Company:\nYou are hereb}'- notified to construct a suitable and safe stock guard on the north side of my enclosed lands where your railroad enters the same, said lands being tbe southwest quarter of the southeast quarter and the southeast quarter of the southwest quarter in section 35, township 7 north, range 31 west; the said enclosure some two and one-fourth miles from Greenwood depot. You are further notified to construct said stock guard according to law within ten days after the service of this notice.\n[Signed] J. R. Mendenhall.\nThe following indorsement appeared on the back of this notice:\nState oe Arkansas, ]\nCounty or Sebastian, '[\nGreenwood District, j\nI certify that I have this loth day of August, 1898, duly served this notice by delivering a true copy of same to B. T. Shaw, depot agent at Greenwood of the within-named St. Louis, Iron Mountain & Southern Railway Company.\nW. T. Bugg, Sheriff, by W. M. Yowell, Deputy Sheriff.\nLoviclc P. Miles and Dodge & Johnson, for appellant.\nProof of service of the notice was insufficient. 16 Am. & Eng. Ene. Law, 827; Sand. & H. Dig., \u00a7\u00a7 5890, 6238, 6239; 67 Ark. 357." }, "file_name": "0133-01", "first_page_order": 151, "last_page_order": 153 }