Rood v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rock, County. • This action was brought under the provisions of ch. 273, Laws of 1873, to recover three times the amount of an alleged excess over legal charges, exacted by the defendant company on the transportation of a quantity of lumber. The case was tried by the court, without a jury, in December, 1875, and judgment was entered on the 10th of March, 1876, in favor of the plaintiff, for the sum of $1,591.65 and costs.
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APPEAL from tbe Circuit Court for Rock, County. • This action was brought under the provisions of ch. 273, Laws of 1873, to recover three times the amount of an alleged excess over legal charges, exacted by the defendant company on the transportation of a quantity of lumber. The case was tried by the court, without a jury, in December, 1875, and judgment was entered on the 10th of March, 1876, in favor of the plaintiff, for the sum of $1,591.65 and costs. The written finding of the court, which was filed with the case, and upon which judgment was finally entered, bears date December 16, 1875.…
1Opinion of the CourtRvan, C. J.
This case is governed by Dillon v. Linder, 36 Wis., 344. That was an action upon a statutory right, given by a statute repealed, pendente lite, without saving clause. It was claimed that the right of action was saved by sec. 33, ch. 119, R. S. The court held, however, that the section does not preserve a right of action given by a. repealed statute, and that a saving clause, to preserve a statutory right of action, must expressly save the right as well as the action.
It was then said: “ It has been for centuries the wise and humane policy of the law, that a conviction could not be had after…
2Cases cited4 opinions
- Dillon v. LinderWisconsin Supreme Court · 1874
- Ackley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
- Streeter v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
- Attorney General v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
3Cited by15 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Firemen's Insurance v. Washburn CountyWisconsin Supreme Court · 1957
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
- Miller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
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