St. Louis, Iron Mountain & Southern Railway Co. v. Freeman
Supreme Court of Arkansas
Appeal from■ Hempstead Circuit Court; Jacob M. Carter, Judge; The party who purchased the ticket is the only person entitled to sue for the statutory penalty. 30 Cyc. 1340. The statute is a penal one. St. L-, I. M. & S. Ry.
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Appeal from■ Hempstead Circuit Court; Jacob M. Carter, Judge; The party who purchased the ticket is the only person entitled to sue for the statutory penalty. 30 Cyc. 1340. The statute is a penal one. St. L-, I. M. & S. Ry. Co. v. Waldrop, 93 Ark. 42. And it must be strictly construed. 64 Ark. 271; 65 Ark. 159; 68 Ark. 34; 74 Ark. 364; 79 Ark. 214; Id. 517; 87 Ark. 409; 88 Ark. 277; 89 Ark. 488. Only the sender of a dispatch is the party aggrieved. 115 Ind. 191. In a suit for a statutory penalty, the person to whom the message is sent cannot become the party aggrieved. 95 Ind. 12; 108 Ind.…
1Opinion of the CourtHart, J.
This is an appeal by the St. Louis, Iron Mountain & Southern Railway Company from a judgment rendered against it in favor of Mrs. Ervina McGettie Freeman. The actio'n was brought by her to recover the penalty provided by section 6620 of Kirby’s Digest for an overcharge in passenger fare.
The ticket in question was bought and paid for by Cyrus Gordan, her father. It was purchased for the use of the plaintiff, and was used by her on one of the defendant’s passenger trains in going from Hope, Ark., to Mandeville, .Ark.
The sole question raised by the appeal is, was she entitled to maintain the…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
3Cited by5 opinions
- Hice v. StateSupreme Court of Arkansas · 1980
- Dollar v. StateSupreme Court of Arkansas · 1985
- St. Louis Southwestern Railroad Co. v. AlversonSupreme Court of Arkansas · 1925
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Arkansas · 1912
- Hice v. StateSupreme Court of Arkansas · 1980