Sandhill Land & Cattle Co. v. Chicago, Burlington & Quincy Railroad

161 N.W. 1053, 101 Neb. 24, 1917 Neb. LEXIS 55

• Court: Nebraska Supreme Court
• Decided: March 16, 1917
• Docket: No. 19321
• Status: Published

Opinion

Rose, J.

This is an action to recover damages prescribed by statute for delay in the transportation of live stock. Rev. St. 1913, secs. 6018, 6019. From a judgment in favor, of plaintiff for $400, defendant has appealed.

The invalidity of the statute under which the action was brought is pleaded as a defense. Since the appeal was taken the statute has been declared unconstitutional. Davison v. Chicago & N. W. R. Co., 100 Neb. 462. On authority of that decision, the judgment of the district court is reversed and the cause remanded.

Reversed.

Sedgwick, J., not sitting.