Missouri Pacific Railway Co. v. Kimball

Opinion by

Green, C.:

The plaintiff in error brings this case here upon the certificate of the trial judge that there is a constitutional question involved in the action. The suit was brought to recover the value of a fence claimed to have been built along the right-of-way of the railroad operated by the plaintiff in error. The action was based upon the provisions of ¶¶ 1317-1320 of the General Statutes of 1889; and the amount in controversy was less than $100, exclusive ■of costs. The validity of that statute was challenged in the district court. Since the trial of this case in the court…