
    Sandhill Land & Cattle Company, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.
    Filed March 16, 1917.
    No. 19321.
    Judgment: Reversal: Invalid Statute. A judgment based on a void act of the legislature will be reversed, if properly assailed, on appeal.
    Appeal from the district court for Grant county: James N. Paul, Judge.
    
      Reversed.
    
    
      Byron Clark, Jesse L. Root, J. W. Weingarten, F. A. WHglit and D. F. Osgood, for appellant.
    
      B. H. Boyd, contra.
    
   Rose, J.

This is an action to recover damages prescribed by statute for delay in the transportation of live stock. Rev. St. 1913, secs. 6018, 6019. From a judgment in favor, of plaintiff for $400, defendant has appealed.

The invalidity of the statute under which the action was brought is pleaded as a defense. Since the appeal was taken the statute has been declared unconstitutional. Davison v. Chicago & N. W. R. Co., 100 Neb. 462. On authority of that decision, the judgment of the district court is reversed and the cause remanded.

Reversed.

Sedgwick, J., not sitting.  