State v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
[Appeals from judgments of the circuit court for Dane county: E. Rat StbveNS, Circuit Judge. The purpose as to each of the four causes is to recover $10,000 as penalty under sec. 1214, Stats. 1898, for noncompliance with the law relating to payment to the state of the percentage of defendant’s gross earnings, due the state for 1903 under sec. 1213, Stats. 1898. The complaint by appropriate allegations stated a cause of action under such section.
Read the full summary
[Appeals from judgments of the circuit court for Dane county: E. Rat StbveNS, Circuit Judge. The purpose as to each of the four causes is to recover $10,000 as penalty under sec. 1214, Stats. 1898, for noncompliance with the law relating to payment to the state of the percentage of defendant’s gross earnings, due the state for 1903 under sec. 1213, Stats. 1898. The complaint by appropriate allegations stated a cause of action under such section. Issues were joined in due form and the truth of the matter as to the questions thus raised was found by the court in accordance with written…
1Opinion of the Court
The following opinion was filed June 21, 1906:
Maesitall, J.
The question is sharply presented in these-cases as to whether the absolute forfeiture of $10,000 under-sec. 1214, Stats. 1898, applies to a mere mistake of law or fact or both, in respect to the scope of the term “gross earnings,” or any other mere mistake on the part of any railway company, in respect to disclosing, as the law contemplates,, the full amount of such earnings, such mistake not attributable to bad faith or inexcusable negligence, from the standpoint of business conduct generally, — and consequent failure to pay the…
2Cases cited62 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Maine v. Grand Trunk Railway Co.Supreme Court of the United States · 1891
- Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
- Mobile & Ohio Railroad v. TennesseeSupreme Court of the United States · 1894
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
57 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- State v. PabstWisconsin Supreme Court · 1909
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
31 more not listed; retrieve them via the Exa API.