Smith v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Count; G. R. Haynie, Judge; STATEMENT BY THE COURT. This is an action for statutory penalty under section 6620 of Kirby’s Digest, which makes any corporation operating a railroad in this State liable to a penalty for taking or receiving any “¡greater compensation for the trans- • portation of passengers than is allowed by law.”
Read the full summary
Appeal from Nevada Circuit Count; G. R. Haynie, Judge; STATEMENT BY THE COURT. This is an action for statutory penalty under section 6620 of Kirby’s Digest, which makes any corporation operating a railroad in this State liable to a penalty for taking or receiving any “¡greater compensation for the trans- • portation of passengers than is allowed by law.” The plaintiff alleged that he was a passenger on defendant’s train from Prescott to Boughton; that he applied for a ticket to Boughton, for which the agent charged him ten cents, but when he produced ¡the ticket on the train it was discovered…
1Opinion of the Court
Wood, J.,
(after stating the facts). The complaint did not state facts sufficient to warrant a recovery of the statutory penalty and the court did not err in sustaining the demurrer. The ease is ruled by the recent decision of this court in Chicago, R. I. & P. Ry. Co. v. McDermott, 106 Ark. 170. In that case we held that where a passenger asked for a round trip ticket from Little Rock to Hot Springs and paid the proper amount for the same, but by an unintentional -mistake the railway company’s agent gave him a round trip ticket to Benton, there being no intention to charge or receive more than…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1915
- Chicago, Rock Island & Pacific Railway Co. v. McDermottSupreme Court of Arkansas · 1913