Delmas v. Pascagoula St. Ry. & Power Co.

Citations

• 103 Miss. 235
• 60 So. 210

Syllabus

<p>I. Monopolies. Statutory provisions. Laws 1908, chapter 119. Code 1906, section 5007. Damages. Penalties. Constitution 1890, section 198.</p> <p>That part of chapter 119, Laws 1908, indicated in said laws as additional contracts or combinations not allowed by law, is not in violation of section 198, Constitution 1890, although that part of the statute might appropriately have been included in another chapter or section of the laws.</p> <p>2. Monopolies. Damages. Penalties. Code 1906, sections 5007-5004■ Under section 5007, Code 1906, providing that any person injured</p> <p>or damaged by a trust and combine may in ekeh instance of such injury or damage recover the sum of five hundred dollars and all actual damages, but one penalty of five hundred dollars can be recovered in addition to the actual damages, though section 5004 imposes a penalty for every offense recoverable by action in the name of the state.</p> <p>3. Monopolies. Penalties. Declaration. Sufficiency. Code 1906, section 5007.</p> <p>The fact that plaintiff suing under Code 1906, section 5007, demanded in his declaration a penalty of five hundred dollars for each day defendant violated the law, and charged the law was violated a number of days, did not prevent his recovering a lesser and proper amount, under the liberal rules of pleading in this state.</p>