Kansas City Southern Railway Co. v. Rogers
Supreme Court of Arkansas
Appeal from- Sevier Circuit Court; James S. Steel, Judge; T. It was error to render judgment. 216 S. W. 3 is not overlooked. The train was operated by the Director General of Railways under the Federal Control Act and the order of the President of the United States. The operation of the train was by the supreme governing power of the Nation, and all State regulations and rules in conflict therewith fall. N. Pac.
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Appeal from- Sevier Circuit Court; James S. Steel, Judge; T. It was error to render judgment. 216 S. W. 3 is not overlooked. The train was operated by the Director General of Railways under the Federal Control Act and the order of the President of the United States. The operation of the train was by the supreme governing power of the Nation, and all State regulations and rules in conflict therewith fall. N. Pac. By. v. N. Dakota, 250 U. S. 135; 247 U. S. 3; 174 N. W. 605; 218 S. W. 912; 219 Id. 245, 252; 263 Fed. 538; 177 N. W. 29} 260 Fed. 280; 258 Id. 945; 256 Id. 549, 361; 254 Fed. 880;…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellee against appellants in the Sevier Circuit Court to recover double damages and a reasonable attorney’s fee, under the provisions of act 61, Acts of 1907, amending section 6774 of Kirby’s Digest, for killing two mules on the 12th day of November, 1918, through the negligent operation of a passenger train. The trial of the cause resulted in the rendition of a judgment against both appellants for the double value of the animals and an attorney’s fee of $150. An appeal has been prosecuted to this court to test the validity of the judgment on the recitals in the…
2Cases cited2 opinions
- Lavalle v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1919
- Missouri Pacific Railroad v. AultSupreme Court of Arkansas · 1919
3Cited by5 opinions
- Payne v. StocktonSupreme Court of Arkansas · 1921
- Planters Lumber Company v. Wilson & CompanySupreme Court of Arkansas · 1967
- Barnes v. Hope Basket CompanySupreme Court of Arkansas · 1933
- Nance v. EilandSupreme Court of Arkansas · 1948
- Lovegrove v. Missouri Pacific RailroadSupreme Court of Arkansas · 1969