Legal Opinion

Davis v. Smith

Supreme Court of Arkansas

Decided November 14, 1921PublishedCited by 2 opinions

Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. At the time the overcharge complained of occurred, the railroad was being’ operated by the Director General of Railroads, the road having been placed under Federal control by proclamation of the President in the exercise of the war powers conferred upon him by act of Congress of August 29, 1916; and rates had been initiated pursuant to the Federal Control Act of March21, 1918, § 10. There was therefore no violation of…

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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. At the time the overcharge complained of occurred, the railroad was being’ operated by the Director General of Railroads, the road having been placed under Federal control by proclamation of the President in the exercise of the war powers conferred upon him by act of Congress of August 29, 1916; and rates had been initiated pursuant to the Federal Control Act of March21, 1918, § 10. There was therefore no violation of the State statute. 250 U. S. 135. 2. The Federal Control Act does not permit recovery of fines or penalties provided by…

1Opinion of the CourtWood, J.

This is an action by the appellees against the appellant to recover the statutory penalty provided in section 887, Crawford & Moses’ Digest, for an admitted overcharge of passenger fare paid by the appellees for the transportation of their minor child between Bauxite, Arkansas, and Benton, Arkansas, on November 22, 1919. The Chicago, Rock Island & Pacific Railway Company’s train on which the child was a passenger was at the time being operated by Walker D. Hines as Director General of Railroads under the proclamation of the President of the United States in exercise of the war powers…

2Cases cited1 opinion

  1. Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919

3Cited by2 opinions

  1. Gulf, C. & S. F. Ry. Co. v. McGownCourt of Appeals of Texas · 1922
  2. Fyfe v. DavisSupreme Court of Iowa · 1924

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