St. Louis, Iron Mountain & Southern Railway Co. v. Waldrop
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Section 6620, Kirby’s Dig., does not apply where the agent of the railroad company makes an honest mistake as to the amount of fare to be charged a passenger. 58 Ark. 490. Appellant did not plead the agent’s mistake as a defense; it is therefore waived. 82 Ark. 320; 69 Ark. 256; 80 Ark. 70; 46 Ark. 132. Besides, the mistake is not a sufficient defense. 60 Ark. 227; 12 Clark & F. 248; 58 Ark. 492. The agent must know…
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Section 6620, Kirby’s Dig., does not apply where the agent of the railroad company makes an honest mistake as to the amount of fare to be charged a passenger. 58 Ark. 490. Appellant did not plead the agent’s mistake as a defense; it is therefore waived. 82 Ark. 320; 69 Ark. 256; 80 Ark. 70; 46 Ark. 132. Besides, the mistake is not a sufficient defense. 60 Ark. 227; 12 Clark & F. 248; 58 Ark. 492. The agent must know the distances over his company’s lines. 36 Ark. 58; 50 Ark. 67.
1Opinion of the CourtFrausnthal, J.
The two plaintiffs below instituted separate actions against the St. Louis, Iron Mountain & Southern Railway Company to recover penalties for demanding, taking and receiving a greater compensation for their transportation as passengers than is allowed ‘by law. The two actions were consolidated, and the cases tried together. On December 27, 1908, the plaintiffs purchased tickets from the agent of defendant at Arlcadelphia, Arkansas, and became passengers from that point on defendant’s railroad to Hot Springs, Arkansas, another station on its line. The distance between these stations is 75…
2Cases cited5 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- United States v. HartwellSupreme Court of the United States · 1868
- United States v. AmesSupreme Court of the United States · 1879
- Railway Co. v. SmithSupreme Court of Arkansas · 1895
- Railway Co. v. ClarkSupreme Court of Arkansas · 1894
3Cited by15 opinions
- Cook v. BevillSupreme Court of Arkansas · 1969
- St. Louis, Iron Mountain & Southern Railway Co. v. FreemanSupreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railway Co. v. DavisSupreme Court of Arkansas · 1914
- Empire Carbon Works v. Barker & Co.Supreme Court of Arkansas · 1917
- Brown v. Terre Haute, Indianapolis & Eastern Traction Co.Indiana Court of Appeals · 1915
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