59 Ark.]
railway company v. b'shears
239
St. Louis, and that the granting of the petition would interfere with the rapid transportation of interstate passengers, and the rapid transfer and delivery of the United States mails; that said train stopped at all places where another road crossed or connects with appellant's road, etc.
After the evidence was concluded, the court declared the law to be as follows:
- That if, at the time of the application of the plaintiff to defendant to stop the train mentioned in complaint at Fulton, Ark., the defendant had all the necessary switches and side tracks at the town for the use and convenience in the stopping of the trains of the defendant, then it was not necessary to tender the reasonable expenses of grading a switch or side track at said town, required by sec. 5501 of Mansfield's Digest, before the plaintiff would be entitled to insist upon the stopping of the trains prayed for.
- That if the application required to be made under sec. 5500 of Mansfield's Digest was made in writing to W. T. Kelly, superintendent of defendant's road from Poplar Bluff to Texarkana, while the president of the company and the general superintendent were non-residents and absent from the State, such application is sufficient, and a sufficient compliance with said section.
- That, under sec. 5500 of Mansfield's Digest, if the evidence shows that Fulton was an incorporated town in this State, situated on the line of defendant's road, and that fifty of its citizens made application to defendant, as required under said section, asking it to stop its trains, which are mentioned in the complaint, at such town, then it became the duty of the company to comply with the requirement of the statute, and stop the train.
- That statute is not an interference with section 8, article 1, of the constitution of the United States,
