Graham v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
■APPEAL from the Circuit Court for Crawford County. .The case is thus stated by Mr. Justice Tayloe: “This action was commenced originally for the purpose of recovering three times the excess of money paid by the plaintiffs to the defendant over and above the legal rates fixed by chapter 273, Laws of 1874, known as the Potter law, for the transportation of a large quantity of wheat from Muscoda to the city of Milwaukee, in this state.
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■APPEAL from the Circuit Court for Crawford County. .The case is thus stated by Mr. Justice Tayloe: “This action was commenced originally for the purpose of recovering three times the excess of money paid by the plaintiffs to the defendant over and above the legal rates fixed by chapter 273, Laws of 1874, known as the Potter law, for the transportation of a large quantity of wheat from Muscoda to the city of Milwaukee, in this state. The action was commenced before the repeal of the Potter law. The defendant demurred to the original complaint, and the demurrer was sustained. The plaintiffs…
1Opinion of the CourtTaylor, J.
Upon this appeal the learned counsel for the appellant insists: (1) That it is res adjudieata in this action that the second amended complaint is an action for a tort, and not upon contract, express or implied. (2) That no action for a tort can be maintained to recover such excess of charges over and above the rates fixed by the Potter law, although demanded and received while the Potter law was in force by the plaintiffs, after the repeal of such law. (3) That it was error to allow the plaintiffs interest for the amount of the excess of charges paid by them to the defendant.
I. We agree with…
2Cases cited33 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- White v. HartSupreme Court of the United States · 1872
- Wood v. LakeWisconsin Supreme Court · 1860
- Pratt v. BrownWisconsin Supreme Court · 1854
28 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
- Willcox v. EdwardsCalifornia Supreme Court · 1912
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Demotte v. WhybrowCourt of Appeals for the Second Circuit · 1920
- Barndt v. FrederickWisconsin Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.