City of Madison v. Southern Wisconsin Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to recover of defendant the cost of paving that portion' of a street between its railway tracks and one foot outside the rails. The question was whether-defendant’s franchise required it to-bear the expense of the pavement in the particular region.
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Appeal from a judgment of the circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to recover of defendant the cost of paving that portion' of a street between its railway tracks and one foot outside the rails. The question was whether-defendant’s franchise required it to-bear the expense of the pavement in the particular region. Erom the time of its- organization up to 1892, defendant operated under a franchise containing the' following provision: “Section 3. Whenever any street upon which any of said tracks may be located shall hereafter be paved or macadamized, the said…
1Opinion of the CourtMaRshall, J.
The following rules are guides for determining whether an act of legislation repeals an earlier act relating, in whole or in part, to the subject covered by the later one:
1. In general, a statute covering the subject matter of a former statute repeals it. Lewis v. Stout, 22 Wis. 24; State v. Campbell, 44 Wis. 529.
2. Whether an entire statute was-impliedly repealed by a later one covering, in general, the same subject matter, is a question of legislative intention. Gilkey v. Cook, 60 Wis. 133, 18 N. W. 639.
3. Repeals by implication are not favored and that has such force that an earlier act is…
2Cases cited36 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Chicago v. SheldonSupreme Court of the United States · 1870
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Harrington v. PierWisconsin Supreme Court · 1900
31 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
- McLoughlin v. MalnarWisconsin Supreme Court · 1941
- Connelly v. City of BridgeportSupreme Court of Connecticut · 1926
- Wheeler v. B. of Com'rs. City of HopkinsvilleCourt of Appeals of Kentucky (pre-1976) · 1932
- State v. JorgensenCourt of Appeals of Wisconsin · 1987
25 more not listed; retrieve them via the Exa API.