Fuller v. Chicago & N. W. R. R.
Supreme Court of Iowa
Appeal from, Marshall Circuit Court. Action to recover a statute penalty and overcharges paid on merchandise transported upon defendant’s railroad. The facts of the case appear in the opinion. There was a verdict and judgment thereon for plaintiff. Defendant appeals. 1. A penal statute in derogation of the common law must be strictly construed, and a party suing for a statute penalty is confined to the remedy provided by the law.
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Appeal from, Marshall Circuit Court. Action to recover a statute penalty and overcharges paid on merchandise transported upon defendant’s railroad. The facts of the case appear in the opinion. There was a verdict and judgment thereon for plaintiff. Defendant appeals. 1. A penal statute in derogation of the common law must be strictly construed, and a party suing for a statute penalty is confined to the remedy provided by the law. Plaintiff cannot rely for his cause of action upon a statute which gives him a specific remedy and yet combine with that remedy a totally different and distinct…
1Opinion of the CourtBeck, J.
l. railroad: utepenafty í" act of 1863. • — ■ Section 2, chapter 169, acts of the ninth general assembly is in the following words: “ In the month of September, annually, each railroad company shall fix its rates of fare for passengers and freight, for transportation of timber, wood and coal, per ton, cord, or thousand feet, per mile; also its fa^e and freight per mile for transporting merchandise, and articles of the first, second, third and fourth grades of freight, and, on the first day of "October following, shall put up at all stations and depots on its road, a printed copy of such fare…
2Cases cited5 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Brown v. MarylandSupreme Court of the United States · 1827
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- Bodley v. GoodrichSupreme Court of the United States · 1849
3Cited by12 opinions
- Pingree v. Mutual Gas Co.Michigan Supreme Court · 1895
- Southern Railway Co. v. McNeeleyIndiana Court of Appeals · 1909
- City of Council Bluffs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Iowa · 1876
- Walker v. PumphreySupreme Court of Iowa · 1891
- McDuffee v. Portland & Rochester RailroadSupreme Court of New Hampshire · 1873
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