State v. The Pennsylvania Company
| Decision Date | 13 December 1892 |
| Docket Number | 15,409 |
| Citation | 32 N.E. 822,133 Ind. 700 |
| Parties | The State v. The Pennsylvania Company |
| Court | Indiana Supreme Court |
From the Shelby Circuit Court.
The judgment is reversed, at costs of appellee, with instructions to overrule the demurrer to the complaint.
J. C. McNutt, A. F. Wray, T. B. Adams, I. Carter, W. C. Hultz and O. B. Harris, for appellant.
S. Stansifer, for appellee.
This is an action to recover penalties accruing by reason of an alleged failure of the appellee to note the fact upon blackboards at certain stations along the appellee's line of railroad, as to whether or not certain trains were late or not, and if late, how much, as provided by statute. The appellee addressed a demurrer to the complaint for want of facts, which was sustained and exceptions reserved. And this ruling is assigned as error. The same questions are presented in this case as were presented and decided in the case of State v. Indiana, etc., R. R. Co., 133 Ind. 69, 32 N.E. 817, this term, and on the authority of that case the judgment in this case is reversed, at costs of appellee, with instructions to the Circuit Court to overrule the demurrer to the complaint.
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Southern Exp. Co v. Commonwealth Ex Rel. Walker.1
...to us, should be given to the similar provision contained in section 7, art. 8, of our own constitution. See, also, State v. Pennsylvania Co. (Ind. Sup.) 32 N. E. 822, and Ott v. Jordan (Pa. Sup.) 9 Atl. 321. But, if the constitutional provision so relied on to invalidate section 1220 were ......
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