St. Louis, Iron Mountain & Southern Railway Co. v. Edwards
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; 1. The act is invalid as to interstate shipments. 89 Ark. 468; 76 Ark. 82; 204 U. S. 553. 2. The count was without jurisdiction of the amount sued for in the second count of the complaint. The act imposes no burden upon an interstate shipment.
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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; 1. The act is invalid as to interstate shipments. 89 Ark. 468; 76 Ark. 82; 204 U. S. 553. 2. The count was without jurisdiction of the amount sued for in the second count of the complaint. The act imposes no burden upon an interstate shipment. It is a mere police regulation, which applies to a shipment after it has arrived at its destination within the State. 7 L. R. A. 295; 32 Fed. 849. But, even though a State statute does incidentally affect. interstate commerce, if it regulates a matter upon which Congress has failed to…
1Opinion of the CourtMcCuddoch, C. J.
This is an action to recover a penalty under the act of April 19, 1907, known as .the demurrage statute. We passed on the validity of that statute, and upheld it in Oliver v. Chicago, R. I. & P. Ry. Co., 89 Ark. 466. In that case the penalty was imposed for failure to furnish cars on demand for a shipment of freight. In the present case a penalty is sought to be recovered for failure to give notice of the arrival of a carload of grain at its destination in this State, the same having been shipped from a point outside of the State. It was an interstate shipment, and the question presented is…
2Cases cited11 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Missouri Pacific Railway Co. v. Larabee Flour Mills Co.Supreme Court of the United States · 1909
- Atlantic Coast Line Railroad v. MazurskySupreme Court of the United States · 1910
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3Cited by1 opinion
- McKinley v. BlackSupreme Court of Arkansas · 1923