MR. JUSTICE HARLAN delivered the opinion of the court.
This action was commenced before a justice of the peace of the county of Cuyahoga, Ohio, to recover the penalty prescribed by section 3320 of the Revised Statutes of that State.
That section is a part of a chapter relating to railroad companies, and, as amended by the act of April 13, 1889, provides:
"Each company shall cause three, each way, of its regular trains carrying passengers, if so many...
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