Railway Co. v. Gill
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. Pittman, Judge. John B. Gill filed a complaint against the St. Louis and San Francisco Railway Company, alleging in five separate counts that, on five several occasions, defendant, operating a railroad in the State more than seventy-five miles long, had charged him five cents per mile, being in excess of the maximum charge allowed by the statute. Defendant filed an answer in eleven paragraphs.
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APPEAL from Washington Circuit Court. J. M. Pittman, Judge. John B. Gill filed a complaint against the St. Louis and San Francisco Railway Company, alleging in five separate counts that, on five several occasions, defendant, operating a railroad in the State more than seventy-five miles long, had charged him five cents per mile, being in excess of the maximum charge allowed by the statute. Defendant filed an answer in eleven paragraphs. The first paragraph denied the facts alleged. A demurrer to the other ten paragraphs of the answer was sustained. Their substance is stated in the opinion.…
1Opinion of the CourtHemingway, J.
The questions presented by this appeal depend upon the sufficiency of ten several paragraphs of the answer of the defendant below, appellant here, to each of which a demurrer was sustained. There was a trial upon one paragraph, and verdict and judgment for the plaintiff.
1. Legislative In the second paragraph it was alleged that the act of April 4, 1887, entitled an act to regulate the rates to be charged by railroads for the carriage of passengers, was not passed by the several houses of the general assembly in accordance with their joint rules, and that the bill as passed did not contain any…
2Cases cited1 opinion
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
3Cited by29 opinions
- State ex rel. Grendell v. DavidsonOhio Supreme Court · 1999
- City of Indianapolis v. NavinIndiana Supreme Court · 1897
- State Ex Rel. Dunbar v. State Board of EqualizationWashington Supreme Court · 1926
- Davis v. MooreSupreme Court of Arkansas · 1917
- State v. Cumberland ClubTennessee Supreme Court · 1916
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