Laude v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The action was brought hj. Laude to recover damages sustained by the loss of two colts, which were killed by the cars on the track of defendant’s railway. The complaint alleges, in substance, that the colts were killed by reason of the negligent manner in which the defendant’s agents and employees conducted and managed the cars and locomotive of defendant.
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APPEAL from the Circuit Court for Fond du Lao County. The action was brought hj. Laude to recover damages sustained by the loss of two colts, which were killed by the cars on the track of defendant’s railway. The complaint alleges, in substance, that the colts were killed by reason of the negligent manner in which the defendant’s agents and employees conducted and managed the cars and locomotive of defendant. The answer set up a general denial, and negligence on the part of plaintiff in permitting his colts to run upon defendant’s track. It appeared in evidence that the colts escaped from…
1Opinion of the CourtDixon, C. J.
The effect of the repeal of a statute, and its reenactment in the same words by a statute which takes effect at the same time with the repealing act, is to continue such statute in uninterrupted operation. Fullerton v. Spring, 3 Wis., 667; Hurley v. Town of Texas, 20 id., 634. Counsel for the defendant are correct, therefore, in treating this case as if it had arisen subsequently to the passage of chapter 119, Laws of 1872, the 30th and 31st sections of which are a reenactment of sections 1 and 2 of chapter 268, Laws of 1860 (Tay. Stats., 1044? §§ 34, 35), which chapter was repealed by…
2Cases cited2 opinions
- Fullerton v. SpringWisconsin Supreme Court · 1854
- Antisdel v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
3Cited by23 opinions
- Sage v. StateIndiana Supreme Court · 1891
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Julien v. Model Building, Loan & Investment Ass'nWisconsin Supreme Court · 1902
- Anding v. LevyMississippi Supreme Court · 1879
- State ex rel. Town of Holland v. LammersWisconsin Supreme Court · 1902
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