August 12, 1915. The opinion of the Court was delivered by Plaintiff recovered judgment in a magistrate's Court for $6.20, an admitted overcharge in the rate on an interstate shipment, and $50.00, the penalty provided by statute (Civil Code 1912, vol. I, sec. 2573) for failure to pay the claim therefor within the time prescribed. The Circuit Court affirmed the judgment.
Since the trial on Circuit the Supreme Court of the United States has held that the penalty statute is void as applied to interstate commerce. Charleston W.C. Ry.Co. v. Varnville Furniture Co.,
Reversed nisi.