Atlantic Coast Line Railroad Co. v. Ivey

In a suit to collect damages under Sections 4586 R.G.S. 6669 C.G.L., et seq., resulting from the killing of a cow by the railroad company on the unfenced right-of-way of the railway, the defendant raliroad interposed a plea, viz.:

“4 A. The defendant alleges the following facts, and avers that upon and because of them the Florida statutes upon which the declaration herein is based (Secs. 6669, 6670, 6671, 6672, 6673 and 6676, Compiled General Laws of Florida, 1927) are each unconstitutional as applied to the case stated by said declaration, because said statutes severally deny to the Defendant…