Huber v. Brown

The opinion of the court was delivered by

Gordon, J.

Respondent brought this action to recover the value of certain stock killed by an engine and cars of the appellants’ railroad. The complaint alleges the value of the stock killed to have been $135. The prayer was for $2JO and attorney’s fees. The complaint was evidently drafted under ch. 128 of the Laws of 1893 (p. 418), § 3 of which provides for the recovery of double damages, and § 4, for attorneys’ fees. These sections of the act were held unconstitutional in Jolliffe v. Brown, 14 Wash. 155 (44 Pac. 149, 53 Am. St. Rep. 868).

*5At the trial…