Page:Railway Company v. B'Shears 01.pdf/1

Railway Company v. B'Shears.

Opinion delivered June 9, 1894.

Railroads—Stoppage of trains—Mandamus.

Mandamus will not be issued, at the suit of a citizen of a town, to compel a railway company to stop its trains at such town, under Mansf. Dig. secs. 5500-2, until the authorities of the town shall have provided and tendered to the company sufficient means to defray the reasonable expenses of grading a switch or side-track at the town for the use of the company, though the company has already constructed all the switches and side-tracks necessary for the stopping of trains.

Appeal from Hempstead Circuit Court.

RUFUS D. HEARN, Judge.

Statement by the Court

This is an appeal from a judgment of the circuit court of Hempstead county, granting a mandamus to compel the appellant to stop its fast train, known as the "Cannon Ball," at the incorporated town of Fulton upon the line of the road in said county.

The petition states that petitioner was the mayor of Fulton, an incorporated town in Hempstead county, Arkansas; that defendant was an incorporated railway, and a common carrier of passengers and freight; that defendant's railway extended from Texarkana through Fulton to Little Rock, Arkansas; that certain trains were operated on said railway, passing north and south through Fulton, known as the "Cannon Ball" trains; that respondent had all the switches and side tracks in said town of Fulton necessary for its use and convenience in stopping of its trains, freight and passenger, and a commodious depot building for the use and comfort of its passengers; that respondent caused said "Cannon Ball" trains to run rapidly through said town of Fulton without stopping, to the great annoyance and