St Louis, Iron Mountain Southern Railway Company v. Wynne, No. 103

CourtUnited States Supreme Court
Writing for the CourtVan Devanter
Citation224 U.S. 354,56 L.Ed. 102,32 S.Ct. 493,56 L.Ed. 799
Decision Date15 April 1912
Docket NumberNo. 103
PartiesST. LOUIS, IRON MOUNTAIN, & SOUTHERN RAILWAY COMPANY, Plff. in Err., v. T. J. WYNNE

224 U.S. 354
32 S.Ct. 493
56 L.Ed. 102
56 L.Ed. 799
ST. LOUIS, IRON MOUNTAIN, & SOUTHERN RAILWAY COMPANY, Plff. in Err.,

v.

T. J. WYNNE.

No. 103.
Submitted December 14, 1911.
Decided April 15, 1912.

Messrs. W. E. Hemingway and E. B. Kinsworthy for plaintiff in error.

[Argument of Counsel from pages 354-356 intentionally omitted]

Page 356

Messrs. Robert E. Wiley and Powell Clayton for defendant in error.

[Argument of Counsel from pages 356-358 intentionally omitted]

Page 358

Mr. Justice Van Devanter delivered the opinion of the court:

A statute of the state of Arkansas (Laws of 1907, act 61), relating to the liability of carriers by railroad for live stock killed, wounded, or injured by their trains, contains this provision:

'And said railroad shall pay the owner of such stock within thirty days after notice is served on such railroad by such owner. Failure to do so shall entitle said owner to double the amount of damages awarded him by any jury trying such cause, and a reasonable attorneys' fee. And provided further, That if the owner of such stock killed or wounded shall bring suit against such railroad after the thirty days have expired, and the jury trying such cause shall give such owner a less amount of damage than he sues for, then such owner shall recover only the amount given him by said jury, and not be entitled to recover any attorneys' fees.'

Page 359

The owner of two horses which were killed within the state by a train of a railway company served upon the company a written notice demanding damages in the sum of $500. The company refused to pay the demand, and after the expiration of thirty days the owner brought suit in a court of the state to recover his damages, alleged in the complaint to be $400. A trial to a jury resulted in a verdict for the owner, assessing his damages at the amount sued for, and the court, deeming the statute applicable, gave judgment for double that amount and for an attorneys' fee of $50. The company objected that the statute, as thus applied, was repugnant to the due process of law clause of the 14th Amendment to the Constitution of the United States, but the objection was overruled, and on appeal to the supreme court of the state the judgment was affirmed. 90 Ark. 538, 119 S. W. 1127, 17 A. & E. Ann. Cas. 631. The case is here on a writ of error to that court.

It will be perceived that, while before the suit the owner demanded $500 as damages, which the company refused to pay, he did not in his suit either claim or...

To continue reading

Request your trial
60 practice notes
  • Queensboro Farms Products v. Wickard, No. 319.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 13, 1943
    ...ex rel. Hatch v. Reardon, 204 U.S. 152, 160, 27 S.Ct. 188, 190, 51 L.Ed. 415, 9 Ann.Cas. 736. 13 St. Louis I. M. & S. R. Co. v. Wynne, 224 U.S. 354, 32 S.Ct. 493, 56 L.Ed. 799, 42 L.R.A.,N.S., 13a Kansas City Southern R. Co. v. Anderson, 233 U.S. 325, 329, 330, 34 S.Ct. 599, 58 L.Ed. 983; c......
  • Kafka v. Montana Dept. of Fwp, No. 05-146.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 31, 2008
    ...385 (1894); Dobbins v. Los Angeles, 195 U.S. 223, 238-39, 25 S.Ct. 18, 21, 49 L.Ed. 169 (1904); St. Louis, Iron Mt. & S. Ry. Co. v. Wynne, 224 U.S. 354, 359-60, 32 S.Ct. 493, 494, 56 L.Ed. 799 (1912); Atlantic Coast Line, 232 U.S. at 559, 34 S.Ct. at 368; Reinman v. Little Rock, 237 U.S. 17......
  • Milling Co v. Bondurant, DAHNKE-WALKER
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...Poindexter v. Greenhow, 114 U. S. 270, 295, 5 Sup. Ct. 903, 962, 29 L. Ed. 185; St. Louis, Iron Mountain & Southern Ry. Co. v. Wynne, 224 U. S. 354, 32 Sup. Ct. 493, 56 L. Ed. 799, 42 L. R. A. (N. S.) 102; Kansas City Southern Ry. Co. v. Anderson, 233 U. S. 325, 34 Sup. Ct. 599, 58 L. Ed. 9......
  • State ex Inf. McKittrick v. Carolene Products, No. 36893.
    • United States
    • Missouri Supreme Court
    • November 9, 1940
    ...Ct. 106, 66 L. Ed. 239; Poindexter v. Greenhow, 114 U.S. 270, 295, 5 Sup. Ct. 903, 29 L. Ed. 185; St. Louis, I.M. & S. Ry. Co. v. Wynne, 224 U.S. 354, 32 Sup. Ct. 493, 56 L. Ed. 799; Kansas City So. Ry. Co. v. Anderson, 233 U.S. 325, 34 Sup. Ct. 599, 58 L. Ed. 983; Abie State Bank v. Weaver......
  • Request a trial to view additional results
60 cases
  • Queensboro Farms Products v. Wickard, No. 319.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 13, 1943
    ...ex rel. Hatch v. Reardon, 204 U.S. 152, 160, 27 S.Ct. 188, 190, 51 L.Ed. 415, 9 Ann.Cas. 736. 13 St. Louis I. M. & S. R. Co. v. Wynne, 224 U.S. 354, 32 S.Ct. 493, 56 L.Ed. 799, 42 L.R.A.,N.S., 13a Kansas City Southern R. Co. v. Anderson, 233 U.S. 325, 329, 330, 34 S.Ct. 599, 58 L.Ed. 983; c......
  • Kafka v. Montana Dept. of Fwp, No. 05-146.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 31, 2008
    ...385 (1894); Dobbins v. Los Angeles, 195 U.S. 223, 238-39, 25 S.Ct. 18, 21, 49 L.Ed. 169 (1904); St. Louis, Iron Mt. & S. Ry. Co. v. Wynne, 224 U.S. 354, 359-60, 32 S.Ct. 493, 494, 56 L.Ed. 799 (1912); Atlantic Coast Line, 232 U.S. at 559, 34 S.Ct. at 368; Reinman v. Little Rock, 237 U.S. 17......
  • Milling Co v. Bondurant, DAHNKE-WALKER
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...Poindexter v. Greenhow, 114 U. S. 270, 295, 5 Sup. Ct. 903, 962, 29 L. Ed. 185; St. Louis, Iron Mountain & Southern Ry. Co. v. Wynne, 224 U. S. 354, 32 Sup. Ct. 493, 56 L. Ed. 799, 42 L. R. A. (N. S.) 102; Kansas City Southern Ry. Co. v. Anderson, 233 U. S. 325, 34 Sup. Ct. 599, 58 L. Ed. 9......
  • State ex Inf. McKittrick v. Carolene Products, No. 36893.
    • United States
    • Missouri Supreme Court
    • November 9, 1940
    ...Ct. 106, 66 L. Ed. 239; Poindexter v. Greenhow, 114 U.S. 270, 295, 5 Sup. Ct. 903, 29 L. Ed. 185; St. Louis, I.M. & S. Ry. Co. v. Wynne, 224 U.S. 354, 32 Sup. Ct. 493, 56 L. Ed. 799; Kansas City So. Ry. Co. v. Anderson, 233 U.S. 325, 34 Sup. Ct. 599, 58 L. Ed. 983; Abie State Bank v. Weaver......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT