St. Louis, Iron Mountain & Southern Railway Co. v. Baker
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; A carrier is not liable for the statutory penalty for making an overcharge for a passenger’s fare which was due to an error or mistake on the part of the carrier ’s agent. 58 Ark. 490; 106 Ark. 599; Id. 170; 54 Misc. (N. Y.) 163; 155 App. Div. 798. The question whether the auditor intentionally made the overcharge was submitted to the jury in all the court’s instructions.
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Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; A carrier is not liable for the statutory penalty for making an overcharge for a passenger’s fare which was due to an error or mistake on the part of the carrier ’s agent. 58 Ark. 490; 106 Ark. 599; Id. 170; 54 Misc. (N. Y.) 163; 155 App. Div. 798. The question whether the auditor intentionally made the overcharge was submitted to the jury in all the court’s instructions. That the overcharge was intentional was made a condition to recovery by the instructions. There was sufficient evidence to put the 'case to the jury, and their…
1Opinion of the CourtHart, J.
The plaintiff, J. O. Baker, sued the St. Louis, Iron Mountain & Southern Railway Company to recover the statutory penalty under section 6620 of Kirby’s Digest, for charging and collecting a greater rate for transportation than that provided by statute. He recovered judgment, and the railroad company has appealed.
On April 4, 1914, the plaintiff got on one of defendant’s passenger trains at Perla, The train auditor came around to collect tickets, and the plaintiff told him that he wished to go to Traskwood. The auditor collected 28 cents for his fare, and gave him a receipt therefor. This was…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
3Cited by2 opinions
- St. Louis Southwestern Railroad Co. v. AlversonSupreme Court of Arkansas · 1925
- Smith v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915