Chicago, Milwaukee & St. Paul Railroad v. Wisconsin
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ■ WISCONSIN. Tn 1911 the State of Wisconsin passed a statute imposing a penalty upon Sleeping Car Companies if, — the lower berth being occupied — the upper berth was let down before it was actually engaged. Suit was brought against the plaintiff in error for the recovery of the statutory penalty, based on the fact that on the night of August 11, 1911, James T. Hall boarded the Company’s sleeping car at Portage, Wisconsin.
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ERROR TO THE SUPREME COURT OF THE STATE OF ■ WISCONSIN. Tn 1911 the State of Wisconsin passed a statute imposing a penalty upon Sleeping Car Companies if, — the lower berth being occupied — the upper berth was let down before it was actually engaged. Suit was brought against the plaintiff in error for the recovery of the statutory penalty, based on the fact that on the night of August 11, 1911, James T. Hall boarded the Company’s sleeping car at Portage, Wisconsin. He engaged lower berth, Section 11 and occupied the same, as an intrastate passenger, between Portage, Wisconsin, and Star Lake,…
1Opinion of the CourtJustice Lamar
There have been two statutes in Wisconsin relating to letting down the upper berth when the lower was occupied. The first 1 left the matter to the decision of the occupant of the lower berth. The second 2 absolutely prohibits the upper from being let down before it is engaged or occupied.
Concerning the act of 1907, which provided that the occupant of the lower “should have the right to direct whether the unoccupied upper should be opened or closed,” the Supreme Court (State v. Redmon, 134 Wisconsin, 89, 103) held that the statute was “not a police regulation, but an unwarranted interference…
2Cases cited12 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
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