Curry v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sattic County. Action for the value of a cow alleged to have strayed upon defendant’s railroad at a point where the same had never been fenced, and to have been tliere hilled by a train, without fault on plaintiff’s part. Answer, a general denial, and an averment of contributory negligence.
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APPEAL from the Circuit Court for Sattic County. Action for the value of a cow alleged to have strayed upon defendant’s railroad at a point where the same had never been fenced, and to have been tliere hilled by a train, without fault on plaintiff’s part. Answer, a general denial, and an averment of contributory negligence. On the trial, it was stipulated that “ plaintiff lived about three-fourths of a mile from Ableman’s station [a station on defendant’s road], and about the same distance from the place where the cow was injured;” and that “there were about 300 or 400 acres of uninclosed…
1Opinion of the CourtRyan, C. J.
I. Oh. 248 of 1875 cannot be taken to repeal or modify secs. 30 and 31 of ch. 119 of 1872.
“ This is a question of constructive repeal. In Attorney General v. Brown, 1 Wis., 513, this court adopted the uniform rule governing such cases. If there be two affirmative statutes upon the same subject, one does not repeal the other, if both may consist together; and we ought to seek for such a construction as will reconcile them.” .... Attorney General v. Railroad Companies, 35 Wis., 425.
The two statutes here in question may not only stand together, but the provisions of the later were obviously…
2Cases cited22 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853
- Lewis v. StoutWisconsin Supreme Court · 1867
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
17 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Rosholt v. Worden-Allen Co.Wisconsin Supreme Court · 1913
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Quackenbush v. Wisconsin & Minnesota RailroadWisconsin Supreme Court · 1885
- Schneider v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Helmke v. ThilmanyWisconsin Supreme Court · 1900
34 more not listed; retrieve them via the Exa API.