McGrew v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — lion. Samuel Davis, Judge. (1) These acts were separate and independent acts when passed by the Legislature, and still remain so, though collated under chapter 42, article 2, Revised Statutes 1889 (chapter 12, article 2, Revised Statutes 1899). A suit can not be maintained for the penalty or damages provided by one act, for a violation of the provisions of the other act, and vice versa.
Read the full summary
Appeal from Lafayette Circuit Court. — lion. Samuel Davis, Judge. (1) These acts were separate and independent acts when passed by the Legislature, and still remain so, though collated under chapter 42, article 2, Revised Statutes 1889 (chapter 12, article 2, Revised Statutes 1899). A suit can not be maintained for the penalty or damages provided by one act, for a violation of the provisions of the other act, and vice versa. See authorities to point 2. (2) Each of these acts, namely: Section 4, Acts Extra Session 1887, and section 4, page 70, Acts of 1872, provided a separate penalty for…
1Opinion of the CourtEllison, J.
The plaintiff instituted an action against defendant, involving five separate causes of action and set forth in five counts. A demurrer was sustained as to the first count and overruled as to the remaining four. Defendant did not ■answer 'and the court, after hearing evidence, made a finding for plaintiff on each of the four counts and then trebled each amount, and rendered judgment for such treble sums.
The second and fifth counts are based on section 2636, Revised Statutes 1889, whereby it is declared to be unlawful for a common carrier to give one person any undue or unreasonable advantage…
2Cases cited11 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Clements v. YeatesSupreme Court of Missouri · 1879
- Paddock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Link v. VaughnSupreme Court of Missouri · 1853
- Beck v. FerraraSupreme Court of Missouri · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Knight v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Lynch v. Yellow Cab Co.District Court, W.D. Missouri · 1935