Legal Opinion

Ackley v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 3 opinions

APPEAL from the Circuit Court for Milwaukee County. Action to recover two car loads of lumber. The facts were stipulated as follows: Plaintiffs are partners, and general owners of tbe lumber, the value of which was $260. Defendant is a corporation duly organized under the laws of Wisconsin, and engaged in operating a railroad; one part of which extends from Oshkosh to Milwaukee, and thence through Oconomowoc to Watertown Junction, and to La Crosse, a distance of about one…

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APPEAL from the Circuit Court for Milwaukee County. Action to recover two car loads of lumber. The facts were stipulated as follows: Plaintiffs are partners, and general owners of tbe lumber, the value of which was $260. Defendant is a corporation duly organized under the laws of Wisconsin, and engaged in operating a railroad; one part of which extends from Oshkosh to Milwaukee, and thence through Oconomowoc to Watertown Junction, and to La Crosse, a distance of about one hundred and thirty miles. The Chicago & Northwestern Eailway Company is a corporation duly organized under the laws of…

1Opinion of the CourtLyon, J.

This action was commenced before the late decisions of the railway injunction cases were announced, and was probably brought to test the validity of ch. 273, Laws of 1874, known as the “ Potter Act.” In those cases the court did not pass upon that act in detail, but held, generally, that the legislature has authority, under the constitution, to limit the rates which railway companies may charge and receive for carrying persons and property in this state. This case raises the question of the validity, in a certain contingency, of specific provisions of the act.

Premising that the railways of…

2Cited by3 opinions

  1. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  2. Rood v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
  3. Streeter v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876

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