Smith v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Smile County. This action was brought to recover the penalty (treble damages) prescribed by sec. 9, ch. 273, Laws of 1874, for excessive freight charges. On appeal from an order overruling a demurrer to the complaint (43 Wis., 6S6), this court held that the action would not lie, because of the repeal of the statute.
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APPEAL from the Circuit Court for Smile County. This action was brought to recover the penalty (treble damages) prescribed by sec. 9, ch. 273, Laws of 1874, for excessive freight charges. On appeal from an order overruling a demurrer to the complaint (43 Wis., 6S6), this court held that the action would not lie, because of the repeal of the statute. The case having been remitted to the circuit court, plaintiff, by its leave served and filed an amended complaint containing substantially the same statement of facts, but in two separate counts. The first count charges that certain freight, the…
1Opinion of the Court
The following opinion was filed March 30, 1880:
ORTok, J.
The two counts of the complaint are not substantially dissimilar, and both charge the appellant company with having taken from the respondent rates and charges for transportation above the rates fixed by law, and in violation of express statute prohibiting the same, by compulsion, and against the protest of the respondent. The action was originally brought by similar averments for the penalties prescribed in section 9, ch. 273, Laws of 1874, which has been since repealed; and it was held by this court (43 Wis., 688) that the action could…
2Cases cited5 opinions
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Wood v. LakeWisconsin Supreme Court · 1860
- Noyes v. StateWisconsin Supreme Court · 1879
- Rood v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Wood v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1873
3Cited by10 opinions
- Lewis-Simas-Jones Co. v. Southern Pacific Co.Supreme Court of the United States · 1931
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Barndt v. FrederickWisconsin Supreme Court · 1890
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Jeremy Fuel & Grain Co. v. Denver & R. G. R.Utah Supreme Court · 1922
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