Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Hugh P. Thomason, Judge. Dudley Smith, a minor, by his next friend, sued the Missouri Pacific Railway Company and the Little Rock and Port Smith Railway Company, and alleged that the two defendants owned and operated in Arkansas a line of railroad of more than 75 miles in length; that, in January, 1891, said defendants demanded and received from plaintiff, as his fare over said road from Dyer to Alma, regular stations, and return, the sum…
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Appeal from Crawford Circuit Court. Hugh P. Thomason, Judge. Dudley Smith, a minor, by his next friend, sued the Missouri Pacific Railway Company and the Little Rock and Port Smith Railway Company, and alleged that the two defendants owned and operated in Arkansas a line of railroad of more than 75 miles in length; that, in January, 1891, said defendants demanded and received from plaintiff, as his fare over said road from Dyer to Alma, regular stations, and return, the sum of 20 cents ; that the distance between said stations did not exceed five miles, and that said charge was unlawful.…
1Opinion of the CourtBattle, J.
The demurrer of appellee to the answer of appellants presents four questions of law :
First. Is a person, who goes upon the train of a railway company for the sole purpose of paying an overcharge for transportation, if demanded, and bringing an action for the penalty prescribed by the statute in such cases, entitled to recover such penalty if the company demands and he pays the overcharge?
Second. Was appellee barred from recovering the penalty for such overcharge by reason of champerty ?
Third. Are appellants entitled to any relief in equity on account of a mistake ?
Fourth. Does their answer…
2Cases cited8 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- United States v. AmesSupreme Court of the United States · 1879
- Burnes v. ScottSupreme Court of the United States · 1886
- Railway Co. v. GillSupreme Court of Arkansas · 1891
- Allison v. C. & N. W. R. Co.Supreme Court of Iowa · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. MolMichigan Supreme Court · 1904
- Landers v. JamesonSupreme Court of Arkansas · 2003
- Porter v. WatermanSupreme Court of Arkansas · 1906
- Henslee v. StateSupreme Court of Arkansas · 1971
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
22 more not listed; retrieve them via the Exa API.