CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY
v.
POLT

U.S. | 1914-01-26
No. 161
232 U.S. 165 Supreme Court of the United States (1914) Negative Treatment
Also reported at: 58 L. Ed. 554 · 34 S. Ct. 301 · SCDB 1913-253 · 1914 U.S. LEXIS 1405
Cited by 62 cases

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Synopsis

A South Dakota statute imposed strict liability on railroads for fire damage caused by their locomotives and required double damages unless the railroad paid the full claimed amount within sixty days, or made a written settlement offer that the owner then rejected and later recovered less than offered. The Supreme Court reversed the judgment for double damages, holding that the statute violated the Fourteenth Amendment's due process requirement because it forced defendants to guess at what a jury would award or face doubling of damages, which lacked the rudiments of fair play even though states have broad latitude in setting damage policies.

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Opinion of the Court
Me. Justice Holmes

Mr. Justice Holmes delivered the opinion of the court.

This was a suit against the plaintiff in error for loss of property destroyed by fire communicated from its locomotive engine. A statute of South Dakota, after making -the Railroad Company absolutely responsible in such cases, goes on to make it liable for double the amount of damage actually sustained unless it pays the full amount .within sixty days from notice. If, within sixty days, it shall “offer in writing to pay a fixed sum, being the full amount of the damages sustained and the owner shall refuse to accept the same, then in any action thereafter brought for such damages when such owner recovers a less sum as-damages than the amount so offered, then such owner shall recover only his damages, and the railway company shall recover its costs.” South Dakota Laws, 1907, c.

215. The plaintiff got a verdict for $780. The Railroad had offered $500; less, that is, than the amount of the verdict, while the plaintiff on the other hand demanded more. In his demand, his declaration and his testimony he set the damage at $838.20. A judgment for double damages was affirmed by the Supreme Court of the State. 26 So. Dak. 378.

The defendant in error presented no argument, probably becausedie realized that under the recent decisions of this court the judgment could not be sustained. No doubt the States have a large latitude in the policy that they will pursue and enforce, but the rudiments of fair play required by the Fourteenth Amendment are wanting when a defendant is required to guess rightly what a jury will find, or pay double if that body sees fit to add one cent to the amount that was tendered, although the tender was obviously futile because of an excessive demand. The case is covered by St. Louis, Iron Mountain & Southern Ry. Co. v. Wynne, 224 U. S.

354. It is not like those in which a moderate penalty is imposed for failure to satisfy a demand found to be just. Yazoo & Mississippi Valley R. R. Co. v. Jackson Vinegar Co., 226 U. S. 217.

Judgment reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (30 total)

  • Adams v. The Am. Agric. Chem. Co., 78 Fla. 362 (Fla. 1919)
    …lowing the refusal to pay. See Kansas City Sou. Ry. Co. v. Anderson, 233 U. S. 325, 58 L. Ed. 983, 34 Sup. Ct. Rep. 599; St. Louis, I. M. & S. R. Co. v. Wynne, 224 U. S. 354, 56 L. Ed. 799, 32 Sup. Ct. Rep. 493; Chicago, M. & St. P. Ry. Co. v. Polt, 232 U S. 165, 58 L. Ed. 554, 34 Sup. Ct. Rep. 301; Yazoo & M. V. R. Co. v. Jackson Vinegar Co., 226 U. S. 217, 57 L. Ed. 193, 33 Sup. Ct. Rep. 40; Missouri Pac. R. Co. v. Tucker, 230 U. S. 340, 57 L. Ed. 1507, 33 Sup. Ct. Rep. 961. These cases establish the law…
  • Seaboard Air Line Railway v. Robinson, 68 Fla. 407 (Fla. 1914)
    …able time after presentment to pay claims for live stock killed or injured by trains, could not be constitutionally applied where the demand is for an amount greater than that for which the action is brought. In Chicago, M. & St. P. Ry. Co. v. Polt, 232 U. S. 165, -Sup. Ct. Rep.-, it was held that a statute declaring a railroad company to be liable in double damages unless the claim is paid in full as demanded within sixty days, could not be enforced where the plaintiff demanded more than he recovered and th…
  • Nelson v. Selden Cypress Door Co., 78 Fla. 204 (Fla. 1919)
    …ed. Rep. 727. See also Missouri, Kansas & Texas Ry. Co. of Texas v. Harris, 234 U. S. 412, 58 L. Ed. 1377, 34 Sup. Ct. Rep. 790, L. R. A. (N. S.) 1915E 942 and Notes, Page 947; Dell v. Marvin, 41 Fla. 221, 26 South. Rep. 188, C. M. & St. P. v. Polt, 232 U. S. 165; St. L. I. M. & S. v. Wynne, 224 U. S. 354; A. T. & S. F. Ry. v. Vosburg, 238 U. S. 56. Rehearing denied. All concur.…

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