Railway Co. v. Clark
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. Action by Clark against the Little Rock & Fort Smith Railway Company.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. Action by Clark against the Little Rock & Fort Smith Railway Company. The facts are stated by the court as follows : The appellee recovered judgment in the Sebastian circuit court for $125, under the statute of 1887 (Acts 1887, p. 227.), to regmlate the rates of charges for the carriage of passengers, and providing, among other things, “that the maximum sum which any corporation operating a line of railroad in this State shall be authorized to charge on lines over seventy-five miles in length is three cents per…
1Opinion of the Court
Wood, J.,
1 overcharg-eor Sue!by “1S' (after stating the facts.) Construing the first clause of the section of the act above quoted in its own terms, and with reference to the language employed in the second, we conclude that the legislature did not intend to hold corporations liable under the act :or an amount above the maximum fare received by their agents unintentionally. Should the conductor, in any case, demand, charge, or receive more than the lawful fare, the presumption would be that he intended what he did. The corporation, of course, must be held to know the distances over its line…
2Cited by11 opinions
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- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Tri-State Transit Co. of Louisiana, Inc. v. MillerSupreme Court of Arkansas · 1933
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