Chicago, Rock Island & Pacific Railway Co. v. Davis
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. S. Evcms, Judge; STATEMENT BY THE COURT. Eddie Davis, a minor under twelve years of age, and Genie Denham, a minor under five years of age, each "brought suit by his next friend for the penalties denounced by section 6620, Kirby’s Digest, against railroads for charging and collecting a greater rate of passenger fare than the law permits, one having been required to pay more than the rate of 'half fare for his journey, and the other, Genie…
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Appeal from Saline Circuit Court; W. S. Evcms, Judge; STATEMENT BY THE COURT. Eddie Davis, a minor under twelve years of age, and Genie Denham, a minor under five years of age, each "brought suit by his next friend for the penalties denounced by section 6620, Kirby’s Digest, against railroads for charging and collecting a greater rate of passenger fare than the law permits, one having been required to pay more than the rate of 'half fare for his journey, and the other, Genie Denham, having been charged half fare, when, being under five years of age, and in charge of an adult, who had paid the…
1Opinion of the CourtKirby, J.
(after stating the facts). It is contended for reversal (1), that the appellees were not entitled to recover, not being the parties aggrieved, since no money or fare in fact was paid by either o.f them and (2) that the law prescribing the penalty and attorney’s fee is unconstitutional and void. Section 6620, Kirby’s Digest, provides: “Any of the persons or corporations mentioned in 6611, 6612, 6613 and 6614, that shall charge, demand, take or receive from any person or persons aforesaid any greater compensation for the transportation of passengers than is in this act allowed or prescribed,…
2Cases cited3 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Missouri Pacific Railway Co. v. TuckerSupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WilliamsSupreme Court of Arkansas · 1917
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