Wilson v. Ohio & Mississippi Railway Co.
Illinois Supreme Court
Writ of Error to the Circuit Court of Eichland county. The 38th section of the act to provide for a general system of railroad incorporations, approved November 6, 1849, was as follows: “A bell of at least thirty pounds weight, or a steam whistle, shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said road shall cross any other road or street, and be kept ringing or whistling until it…
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Writ of Error to the Circuit Court of Eichland county. The 38th section of the act to provide for a general system of railroad incorporations, approved November 6, 1849, was as follows: “A bell of at least thirty pounds weight, or a steam whistle, shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the said road shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of $50 for every neglect, to be paid by the corporation owning the…
1Opinion of the CourtJustice McAllister
This action was brought to recover divers penalties alleged to have been incurred under the 38th section of the act entitled'“An act to provide for a general system of railroad in-corporations,” approved November 5. 1849.
Pending the action, and before trial, another act was passed upon the same subject, which went into force February 27, 1869.
Two questions are presented by this record for consideration: 1. Was the former of these statutes repealed by the latter? 2. If so, what was the effect of such repeal upon this action pending at the time?
First, then, as to the repeal. The statute of 1849…
2Cases cited2 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Van Inwagen v. City of ChicagoIllinois Supreme Court · 1871
3Cited by12 opinions
- Sekt v. Justice's CourtCalifornia Supreme Court · 1945
- Vance v. RankinIllinois Supreme Court · 1902
- Hankins v. PeopleIllinois Supreme Court · 1883
- State v. SmithOregon Supreme Court · 1910
- State v. PatnovicSuperior Court of Delaware · 1957
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