State v. Wisconsin Central Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was brought by Wm. 1ST. Martin, district attorney of Waupaca county, in the name of the state of Wisconsin and Charles F. Crane, against the defendant, under secs. 1809, 1819, Stats.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was brought by Wm. 1ST. Martin, district attorney of Waupaca county, in the name of the state of Wisconsin and Charles F. Crane, against the defendant, under secs. 1809, 1819, Stats. (1898), and particularly under that portion of see. 1809 which relates to rate of speed of trains and locomotives within incorporated cities and villages before having passed all the traveled streets thereof. The case was here before on appeal from an order overruling a demurrer to the complaint, and the…
1Opinion of the CourtEjsRwia-, J.
1. But two questions need be considered upon this appeal: Eirst, the sufficiency of the complaint; second, the right to recover cumulative penalties. A very vigorous attack is made upon the.constitutionality of the law by the appellant, and it is insisted that the decision upon the former appeal is not binding upon this appeal. The complaint alleged violations of the statute in running trains through the village of Weyauwega at the point in question, and the demurrer admitted these facts, and upon the former appeal it was determined that the complaint stated a good cause of action and that…
2Cases cited16 opinions
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Morgan v. . HedstromNew York Court of Appeals · 1900
- The People v. . the New-York Central Railroad Co.New York Court of Appeals · 1855
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. City of MononaWisconsin Supreme Court · 1974
- Roach v. Sanborn Land Co.Wisconsin Supreme Court · 1909
- State v. RussellWisconsin Supreme Court · 1923
- Chase v. WoodruffWisconsin Supreme Court · 1909
- Fauerbach v. Dane CountyWisconsin Supreme Court · 1941
2 more not listed; retrieve them via the Exa API.