Hall v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; 1. It was error not to adjudge in appellant’s favor interest on the amount of the debt found by the jury to be due to appellant from May 30, 1908, to the date of the judgment. 32 Ark. 612-616; Kirby’s Dig. § 5379; 36 Ark. 355-64; 46 Ark. 87-95; 43 Ark. 275-84; 89 Ark. 41-45. 2. The court also erred in failing to adjudge in appellant’s favor the penalty or damages provided for by the statute.
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Appeal from Union Circuit Court; George W. Hays, Judge; 1. It was error not to adjudge in appellant’s favor interest on the amount of the debt found by the jury to be due to appellant from May 30, 1908, to the date of the judgment. 32 Ark. 612-616; Kirby’s Dig. § 5379; 36 Ark. 355-64; 46 Ark. 87-95; 43 Ark. 275-84; 89 Ark. 41-45. 2. The court also erred in failing to adjudge in appellant’s favor the penalty or damages provided for by the statute. Kirby’s Dig. § 6649; Acts 1905, p. 537; 2 Beach on Contracts (1897 ed.), 1714-17; 98 Mich. 43; 56 N. W. 1053; 61 N. Y. 362; 33 Mo. 215; 9 Ark. 394;…
1Opinion of the CourtMcCurroch, C. J.
This is an action instituted by the plaintiff, Clinton Hall, against the Chicago, Rock Island & Pacific Railway Company to recover the sum of $79.65 alleged to be due him by the defendant as wages and for the statutory penalty at the rate of $3.80 per day after his discharge. The plaintiff was employed by defendant for a time as freight conductor on its road, his service commencing on January 8, 1^08. On May 2, 1908, he was -relieved from service by an order of his superior, and -was given written notice thereof, as follows: “You are hereby notified that you are held out -of the service of…
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