Missouri Pacific Railroad v. Ault
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; J. G. Boss, Judge; 1. - Appellee was not discharged; he quit of his own accord. A reduction of wages under the proof was not a discharge. 208 S. W. 790. 2. Appellee made no demand as required by statute that his money or a valid check be sent to a station where a regular agent was kept and was not entitled to any penalty. 128 Ark. 312; 87 Ark. 132; 88 Id. 277. The cause of action should have been dismissed as to the railroad company. 254…
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Appeal from Hot Spring Circuit Court; J. G. Boss, Judge; 1. - Appellee was not discharged; he quit of his own accord. A reduction of wages under the proof was not a discharge. 208 S. W. 790. 2. Appellee made no demand as required by statute that his money or a valid check be sent to a station where a regular agent was kept and was not entitled to any penalty. 128 Ark. 312; 87 Ark. 132; 88 Id. 277. The cause of action should have been dismissed as to the railroad company. 254 Fed. 880. Appellee was discharged without cause and was entitled to his pay and the penalty awarded. 131 Ark. 379. The…
1Opinion of the CourtHumphreys, J.
Appellee brought suit against the Missouri Pacific Railroad Company, before D. M. Noble, a justice of the peace in Penter township, Hot Spring County, Arkansas, to recover the sum of $50 as wages, and a penalty prescribed by Act 210 of the Acts of the- Legislature of 1905, amending section 6649 of Kirby’s Digest. The act, insofar as it relates to this case, is as follows: “Whenever any railroad company or corporation or any receiver operating any railroad engaged in the business of operating or constructing any railroad or railroad bridge, shall discharge with or without cause or refuse to…
2Cases cited3 opinions
- Rutherford v. Union Pac. R.District Court, D. Nebraska · 1919
- Jensen v. Lehigh Valley R.District Court, S.D. New York · 1919
- Biggs v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
3Cited by12 opinions
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- Hines v. GravinsSupreme Court of Virginia · 1922
- Hines v. CollinsCourt of Appeals of Texas · 1920
- Borsheim v. Great Northern Railway Co.Supreme Court of Minnesota · 1921
- Hines v. PattersonSupreme Court of Arkansas · 1920
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