Graham v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grawford County. This action was commenced before the repeal of sec. 6, ch. 273 of 1874, commonly known as the “Potter Law,” and was for the penalty provided by that section for charging and receiving for the carriage of freight a sum in excess of the rates prescribed by that act.
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APPEAL from the Circuit Court for Grawford County. This action was commenced before the repeal of sec. 6, ch. 273 of 1874, commonly known as the “Potter Law,” and was for the penalty provided by that section for charging and receiving for the carriage of freight a sum in excess of the rates prescribed by that act. After the repeal of that section by sec. 13, ch. 57 of 1876, plaintiffs amended their complaiht, so as to charge defendant merely with the difference between the rates demanded and paid and the rates fixed by the statute in force at the time of the carriage. The printed case does…
1Opinion of the CourtOrton, J.
This case is ruled by the opinion in the case of Smith v. The Chicago & Northwestern Railway Co., decided at the present term.
We have carefully reconsidered that opinion, in the light of the argument and authorities of the learned counsel of the appellant, as well as of the learned counsel of the appellant-in the above case on motion for a rehearing, and can find no good reason for changing it.
By the Court. — The order of the circuit court is affirmed, with costs, and the cause remanded for further proceedings according to law.
2Cited by3 opinions
- Barndt v. FrederickWisconsin Supreme Court · 1890
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Stoddard v. BurtWisconsin Supreme Court · 1889