#### Little Rock, Mississippi River & Texas Ry. v. Manees.

Justice oe the Reace: Jurisdiction ex delicto: Criterion of damages.

A justice of the peace lias no jurisdiction of an action for damages exceeding one hundred dollars; and the damages claimed by the plaintiff furnish the criterion of jurisdiction.

APPEAL from Drew Circuit Court.

Hon. J. M. Bradley, Circuit Judge.

J. M. Moore for appellant.

The parties had no jurisdiction of the action. The Constitution expressly limits the jurisdiction in such actions to cases involving one hundred dollars or less. Art. 7, sec. 40, subdiv. 2.

Smith, J.

This was an action for $125, for the value of a horse alleged to have been killed by the appellant’s train. The action was begun before a justice of the peace. The plaintiff recovered $125. The defendant appealed to the Circuit Court, where a judgment was rendered against it in the sum of $100, and this 'appeal taken.

By section 40, of article 7, Constitution of 1874, the jurisdiction of justices of the peace in all matters of damage to personal property is expressly limited to cases where the amount in controversy does not exceed $100.

In actions sounding in damages, the damages that are claimed by the plaintiff furnish the criterion of jurisdiction. Murphy v. Howard, Hempst., 205; Lafferty v. Day, 7 Ark., 258; State v. Scoggin, 10 Ib., 326; Culver v. Crawford County, 4 Dillon, 239; Lee v. Watson, 1 Wallace, 337; Burr v. Bayne, 10 Watts, 299; Howell v. Milligan, 13 Ark., 40.

*101It follows that the justice of the peace had no jurisdiction of the plaintiff’s demand, and the Circuit Court acquired none by-appeal. Latham v. Jones, 6 Ark., 371; Pendleton v. Fowler, Ib., 41; Levy v. Shurman, Ib., 182; Collins v. Woodruff, 9 Ib., 463.

The judgment below is vacated, and the cause is dismissed.