Herriman v. B., C. R. & N. R. Co.

Decision Date25 October 1881
Citation10 N.W. 340,57 Iowa 187
CourtIowa Supreme Court
PartiesHERRIMAN v. B., C. R. & N. R. CO.

OPINION TEXT STARTS HERE

Appeal from Fayette circuit court.

Supplemental opinion.

*340ADAMS, C. J.

A petition for a rehearing having been filed, we have examined the case in the light of it, and have to say that while many considerations of no little weight are urged in favor of a reversal, we feel reasonably satisfied with the conclusion reached, and think that the petition must be overruled. We deem it proper, however, to add a few words to what we have already said: In holding that the recovery sought is for a statute penalty, we do not claim that the ruling can be supported by reasoning having the force of a mathematical demonstration. The recovery given is given to the aggrieved party, and was doubtless designed to cover the damages sustained by him and bar any other recovery. Looking at the provision in this aspect, simply, it would seem to be remedial. And while the word “forfeit” is used it has been held that the use of such word does not prevent the recovery from being regarded simply as a remedy. Stockwell v. U. S. 13 Wall. 531. Yet we think that it cannot be denied that the essential idea of forfeiture is a loss of property inflicted by way of punishment. See Bouv. Law Dict. and cases cited.

In confirmation of this view we showed that this court, in Koons v. C. & N. W. R. Co., had deemed the absence of the word “forfeiture” significant as indicating the punishment was not intended; and so we thought that the same court should deem the presence of the word significant as indicating that punishment was intended. Because one legislative body has departed in the use of the word from its strict meaning, and used it without intending punishment, it does not follow that our legislature made the same departure. We cannot hold that it did unless the whole provision, taken together, would so indicate. Now, when we come to look into the statute we find the recovery given a very extraordinary one, if regarded as intended to be mere compensation. Double damages, as in Koons v. Railroad, may well enough be held to be intended as mere compensation, but it does not follow that quintuple damages could be so held with the same propriety. We do not say that the size of the multiple is to be urged as conclusive. Probably it should not. The most that we can say is that, taking the provision altogether, we cannot divest our minds of the conviction that something...

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8 cases
  • Stevenson v. Stoufer
    • United States
    • Iowa Supreme Court
    • January 8, 1946
    ...143, we held that a statute imposing double damages was penal in nature. In Herriman v. B., C.R. & N.R. Co., 57 Iowa 187, 192, 9 N.W. 378, 10 N.W. 340, we held that a statute quintuple damages provided for a penalty. In Bond v. Wabash, St. Louis & P. Ry. Co., 67 Iowa 712, 716, 25 N.W. 892 a......
  • Baker Wire Co. v. Chicago & North-Western Railway Co.
    • United States
    • Iowa Supreme Court
    • October 10, 1898
    ... ... expiration of fifteen days after such demand." ...           [106 ... Iowa 241] II. A question similar to that raised here has been ... twice before presented to and passed upon by this court ... Koons v. Railroad Co., 23 Iowa 493; Herriman v ... Railway Co., 57 Iowa 187, 9 N.W. 378. The first of these ... cases arose under section 6, chapter 169, Laws Ninth General ... Assembly, which was as follows: "Any railroad company ... hereafter running or operating its road in this state, and ... failing to fence such road on either or ... ...
  • Blair v. Sioux City & Pac. R. Co.
    • United States
    • Iowa Supreme Court
    • October 18, 1899
    ... ... amount fixed by the statute as compensation for damages ... sustained, to-wit, the treble damages, attorney's fees, ... and costs. The following decisions under other statutes are ... applicable: Brentner v. Railroad Co. , 68 Iowa 530; ... Herriman v. Railroad Co. , 57 Iowa 187, 9 N.W. 378 ... Plaintiffs, however, having filed in this court an offer to ... remit the excessive amount allowed, it is ordered that ... judgment in each case be reduced in the following amounts: In ... Blair v. These Defendants in the sum of eighty-six ... ...
  • State of Iowa v. Chicago, B. & Q.R. Co.
    • United States
    • U.S. District Court — Southern District of Iowa
    • January 22, 1889
    ...all these there are elements of a civil as well as a criminal nature. The case of Herriman v. Railroad Co., 57 Iowa, 187, 9 N.W. 378, and 10 N.W. 340, is good illustration. In that case the plaintiff had been overcharged, and brought his action against the company, under the statute, for fi......
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