Joseph McKenna

“ The statute provides that when any stock is killed or injured by railroad trains running in the state, the officers of the train shall cause the station master or overseer at the nearest station house to give notice of the fact by posting and by advertisement, and, on failure to so advertise, the owner shall recover double damages for all stock killed and not advertised. ”

“ The owner sued for $400 and recovered a verdict for that amount, and the court, deeming the statute applicable, gave judgment for double that amount and an attorney's fee of $50. The supreme court sustained the judgment against the contention of the railway company that the statute so applied was repugnant to the due process clause of the Constitution of the United States. This court reversed the judgment, holding that so far as the statute was held to justify the imposition of double damages where there was demand for one sum and an action and judgment for less, it was void. ”

“ As we said in the Polt Case, 'the states have a large latitude in the policy that they will pursue and enforce,' and we do not think that the limit of their power has been transcended in the present case. ”