Chicago, Rock Island & Pacific Railway Co. v. Miller
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; The court will take judicial notice that the line of railroad over which appellee traveled does not at any point touch Saline County. 93 Ark. 269; 10 S. W. 81; 27 S. W. 119; 57 S. E. 458; 11 S. W. 500; 71 S. W. 831; 57 Ind. 457; 94 Pac. 138. This is an action for the recovery of a penalty and could properly be brought only in a county where some part of the cause of action arose. Kirby’s Dig., § 6061; 22 Am. & Eng.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; The court will take judicial notice that the line of railroad over which appellee traveled does not at any point touch Saline County. 93 Ark. 269; 10 S. W. 81; 27 S. W. 119; 57 S. E. 458; 11 S. W. 500; 71 S. W. 831; 57 Ind. 457; 94 Pac. 138. This is an action for the recovery of a penalty and could properly be brought only in a county where some part of the cause of action arose. Kirby’s Dig., § 6061; 22 Am. & Eng. Enc. of L. 654; 47 Ark. 344; 48 Ark. 301; 74 Ark. 364; 67 Ark. 357. The court had jurisdiction. This suit is not the kind of…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Ella Miller, instituted this action in the circuit court of Saline County against the railway company to recover a penalty for overcharge of fare made against her which she was required to pay while a passenger from Hot Springs, Arkansas, to Malvern.
Upon a trial of the case below, the jury found in favor of the plaintiff, and assessed a penalty, and defendant appeals from the judgment.
The only question raised here is as to the jurisdiction of the Saline Circuit Court, it being insisted that the action is one to recover a penalty, and could only be brought in the county…
2Cases cited2 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Woolverton v. TaylorIllinois Supreme Court · 1890
3Cited by3 opinions
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- Concrete, Inc. v. Arkhola Sand & Gravel Co.Supreme Court of Arkansas · 1958
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