Legal Opinion

Kansas City Southern Railway Co. v. Anderson

Supreme Court of the United States

Decided April 13, 1914No. 319PublishedCited by 54 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. The facts, which involve the constitutionality under the Fourteenth Amendment of a statute of Arkansas allowing double damages and attorney’s fee to be awarded against railway corporations under certain conditions, are stated in the opinion. The record properly presents Federal questions which may be reviewed here. Act 61, of Arkansas of 1907, p. 144; Kansas City Southern Ry.

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ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. The facts, which involve the constitutionality under the Fourteenth Amendment of a statute of Arkansas allowing double damages and attorney’s fee to be awarded against railway corporations under certain conditions, are stated in the opinion. The record properly presents Federal questions which may be reviewed here. Act 61, of Arkansas of 1907, p. 144; Kansas City Southern Ry. Co. v. Anderson, 104 Arkansas, 500; St. L., Iron Mtn. & So. Ry. Co. v. Wynne, 224 U. S. 354. The Arkansas act which is drawn in question in this case has been held…

1Opinion of the CourtJustice McKenna

Error to review a judgment of the Supreme Court of the State of Arkansas affirming a judgment by which' defendant in error was awarded against plaintiff in error (herein called the railway company) double damages and attorney’s fee for a mare killed by one of the railway company’s trains.

The judgment was recovered under a statute of the State which the railway company attacked in the courts below and attacks here, on the ground that it violates the due process clause of the Constitution of the United States. The statute provides that when any stock is killed or injured by railroad trains…

2Cases cited4 opinions

  1. Yazoo & Mississippi Valley Railroad v. Jackson Vinegar Co.Supreme Court of the United States · 1912
  2. Seaboard Air Line Railway v. SeegersSupreme Court of the United States · 1907
  3. Chicago, Milwaukee & St. Paul Railway Co. v. PoltSupreme Court of the United States · 1914
  4. St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912

3Cited by54 opinions

  1. Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
  2. Dahnke-Walker Milling Co. v. BondurantSupreme Court of the United States · 1921
  3. Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
  4. Southern Railway Co. v. CliftSupreme Court of the United States · 1922
  5. Chicago & Northwestern Railway Co. v. NYE Schneider Fowler Co.Supreme Court of the United States · 1922

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