St. Louis, Iron Mountain & Southern Railway Co. v. Wynne
Supreme Court of Arkansas
Appeal from D'esha Circuit Court; Antonio B. Grace, Judge; The act of 1907, amendatory of Kirby’s Dig. § 6774, authorizing double damages and attorney’s fees, is unconstitutional and void -in denying to railroads the equal protection of the law by prohibiting them from litigating claims for stock killed regardless of the merit of the controversy; in taking their property without due process of law by holding them to the arbitrary payment of claims; in doubling the damages…
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Appeal from D'esha Circuit Court; Antonio B. Grace, Judge; The act of 1907, amendatory of Kirby’s Dig. § 6774, authorizing double damages and attorney’s fees, is unconstitutional and void -in denying to railroads the equal protection of the law by prohibiting them from litigating claims for stock killed regardless of the merit of the controversy; in taking their property without due process of law by holding them to the arbitrary payment of claims; in doubling the damages and adding attorneys’ fees by an unjust, unreasonable and unlawful discrimination; and in attempting to make a…
1Opinion of the CourtMcCulloch, C. J.
This is an action against the railway company to recover damages for killing two horses by a train. The jury re^^Ke^^a verdict in favor of the plaintiff, assessing-the value 0f the hoi'Sfis at the amount mentioned in the complaint, jfod the court rendered judgment for double the value and Í6r attorney’s fees, pursuant to the terms of the statute, and ike company appealed.
The constitutionality of the statute authorizing the assessment of double damages and attorney’s fees is challenged. The statute is as follows:
“Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded…
2Cases cited7 opinions
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
- Seaboard Air Line Railway v. SeegersSupreme Court of the United States · 1907
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kansas City Southern Railway Co. v. AndersonSupreme Court of Arkansas · 1912
- Simmons v. American Railway Express Co.Supreme Court of Arkansas · 1921
- ST. Louis, Iron Mountain & Southern Railway Co. v. PritchardSupreme Court of Arkansas · 1910
- Burlington & Summit Apartments, Midland Mortgage Co. v. ManolatoSupreme Court of Iowa · 1942