Legal Opinion

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

Wisconsin Supreme Court

Decided September 29, 1908PublishedCited by 24 opinions

'Appeal from a judgment of tbe circuit court for Milwaukee county: WakREN D. TaeeaNt, Circuit Judge. Action for penalty under cb. 515, Laws of 1907, for that on the 11th day of January, 1908, one McGrath was a telegraph operator in defendant’s station at Milwaukee engaged in reporting and receiving orders affecting the movement of cars, engines, and trains of the defendant company, and operating signal devices; that on said day the defendant required, allowed, and permitted…

Read the full summary

'Appeal from a judgment of tbe circuit court for Milwaukee county: WakREN D. TaeeaNt, Circuit Judge. Action for penalty under cb. 515, Laws of 1907, for that on the 11th day of January, 1908, one McGrath was a telegraph operator in defendant’s station at Milwaukee engaged in reporting and receiving orders affecting the movement of cars, engines, and trains of the defendant company, and operating signal devices; that on said day the defendant required, allowed, and permitted said McGrath to be and remain on duty for said defendant twelve consecutive hours, not by reason of any casualty upon…

1Opinion of the CourtDodge, J.

Tbe primary and most earnestly argued question is whether the act (sec. 1816m, Stats.; Laws of 1907, ch. 575) prohibiting a corporation operating a line of railroad, in whole or in part, in this state, to require or permit any (telegraph or telephone) operator (including train dispatcher) to remain on duty for more than one period of eight consecutive hours, so regulates interstate commerce intentionally or by necessary effect that it invades the power conferred upon Congress by sec. 8, art. I, Const. U. S., “to regulate commerce with foreign nations, and among the several states, and with…

2Cases cited18 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  3. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
  4. Smith v. AlabamaSupreme Court of the United States · 1888
  5. The Employers'liability CasesSupreme Court of the United States · 1908

13 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  2. Commonwealth v. Peoples Express Co.Massachusetts Supreme Judicial Court · 1909
  3. Wadhams Oil Co. v. Tracy, State Supervisor of Inspectors of Illuminating OilsWisconsin Supreme Court · 1909
  4. Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
  5. Watson v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1909

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API