Wadhams Oil Co. v. Tracy, State Supervisor of Inspectors of Illuminating Oils
Wisconsin Supreme Court
Appeal from orders of the circuit court for Milwaukee county: Wabk-EN D. TabeaNt, Circuit Judge. . Action to enjoin execution of eh. 363, Laws of 1909, upon the ground that it is unconstitutional. A temporary injunction was granted on a verified complaint. There was a demurrer for insufficiency and a motion to vacate the injunction. The former was sustained and the latter granted. The appeal is from both orders.
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Appeal from orders of the circuit court for Milwaukee county: Wabk-EN D. TabeaNt, Circuit Judge. . Action to enjoin execution of eh. 363, Laws of 1909, upon the ground that it is unconstitutional. A temporary injunction was granted on a verified complaint. There was a demurrer for insufficiency and a motion to vacate the injunction. The former was sustained and the latter granted. The appeal is from both orders. The complaint, among other things, stated, that plaintiff is 'a 'Wisconsin corporation, engaged, in this state, in dealing in products of petroleum, including kerosene oil, gasoline,…
1Opinion of the CourtMaeshall, J.
The foregoing summary of the act, challenged in this ease, shows that it is of no ordinary importance. It interferes, in general and particular, with personal liberty-in respect to handling and using many products which have come to be regarded as common necessaries. It does so with a particularity not found in any other legislation of the sort, so far as can be discovered. “Pity ’tis,” in the judgment of the writer, if it be true that the common products of mineral oil, which have come to be, in such a multitude of ways, objects of human desire; obtainable for consumption at so low a price…
2Cases cited12 opinions
- State v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
- Wisconsin Telephone Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Willis v. Standard Oil Co.Supreme Court of Minnesota · 1892
- Blaco v. StateNebraska Supreme Court · 1899
- Hatcher v. DunnSupreme Court of Iowa · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- Broadbent v. GibsonUtah Supreme Court · 1943
- Kreutzer v. WestfahlWisconsin Supreme Court · 1925
- Nation v. ChismSupreme Court of Oklahoma · 1931
23 more not listed; retrieve them via the Exa API.