Simmons v. American Railway Express Co.
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; The court erred in its findings, and the judgment should be reversed and judgment entered here for $235, the penalty and costs.
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Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; The court erred in its findings, and the judgment should be reversed and judgment entered here for $235, the penalty and costs. The act is not void, but constitutional and valid. 90 Ark. 538; 207 U. S. 73; 204 Id. 311; 203 Id. 284; 205 Id. 60; 211 Id. 539; 8 Cyc. 1058-60. See, also, 89 Ark. 496; 94 Id. 394. 1. The act is void because contrary to section 1 of the Fourteenth Amendment to United States. Constitution, ’but, if constitutional, the record does not warrant a recovery of the penalty. 94 U. S. 104; 207 Id.…
1Opinion of the CourtSmith, J.
This cause was tried in the court below on an agreed statement of facts, from which it appears that the suit is one to recover a penalty on account of the failure of the express company to deliver t'o appellants, the consignees, and plaintiffs below, a case of eggs of the value of $15.90.
The suit was brought before a justice of the peace, and the penalty claimed amounts to $220. It is recited in the agreed statement of facts that written notice was given the express company of the nondelivery of the eggs, and payment of $15.95 was demanded in the notice on that account. Before the rendition…
2Cases cited2 opinions
- Title Guaranty & Surety Co. v. NicholsSupreme Court of the United States · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Missouri Pacific Railroad v. LesterSupreme Court of Arkansas · 1951
- Illinois Bankers' Life Ass'n v. MannSupreme Court of Arkansas · 1923
- Randolph v. State Ex Rel. AwtreySupreme Court of Oklahoma · 1934