Oregon Railway & Navigation Co. v. Smalley
Washington Supreme Court
Appeal from District Court, Walla Walla County. The facts sufficiently appear in tbe opinion. The act relating to fencing of railroad tracks, approved November 28, 1883, is unconstitutional. If the purpose of a statute is to accomplish a single object only, and some of its provisions are void, the whole must fail unless sufficient remains to effect the object without the aid of the invalid portions. Cooley on Const.
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Appeal from District Court, Walla Walla County. The facts sufficiently appear in tbe opinion. The act relating to fencing of railroad tracks, approved November 28, 1883, is unconstitutional. If the purpose of a statute is to accomplish a single object only, and some of its provisions are void, the whole must fail unless sufficient remains to effect the object without the aid of the invalid portions. Cooley on Const. Lim. 178-9; Warren et al. v. Mayor, etc., 2 Gray, 84; Fisher v. McGirr et al., 1 Gray, 1; Taylor v. Commissioners, etc., 23 Ohio St. 22, 84; State ex rel. Walsh & Walsh v.…
1Opinion of the Court
The opinion of the court was delivered by
Stiles, J.
This was an action against a railroad company for the value of a colt killed by a train of the company, and for injuries to another colt by the same train.
The complaint alleged facts which, if proven, would have been sufficient to warrant a recovery at common law, and the answer put in issue all its material allegations. At the trial, however, both the plaintiff and the court appear to have regarded it as a case prosecuted under the act of November 28, 1883. Accordingly, the testimony of the *208plaintiff was limited to the facts of ownership,…
2Cases cited2 opinions
- Dacres v. Oregon Railway & Navigation Co.Washington Supreme Court · 1889
- Bielenberg v. Montana Union Railway Co.Montana Supreme Court · 1889
3Cited by11 opinions
- Gruen v. State Tax CommissionWashington Supreme Court · 1949
- Daugherty v. ThomasMichigan Supreme Court · 1913
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
- Jolliefe v. BrownWashington Supreme Court · 1896
- Stoll v. Pacific Coast S. S. Co.District Court, W.D. Washington · 1913
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