Legal Opinion

Mestas V. Diamond Coal & Coke Co.

Wyoming Supreme Court

Decided April 25, 1904PublishedCited by 10 opinions

On reserved questions from District Court, Uinta County, Hon. David H. Craig, Judge. The facts and questions are stated in the opinion. The sole question presented in this cause concerns the validity of the so-called Lord Campbell’s act of this State. It is conceded that there was a valid act in the statutes of the Territory of Wyoming, up to the time the territory became-a state.

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On reserved questions from District Court, Uinta County, Hon. David H. Craig, Judge. The facts and questions are stated in the opinion. The sole question presented in this cause concerns the validity of the so-called Lord Campbell’s act of this State. It is conceded that there was a valid act in the statutes of the Territory of Wyoming, up to the time the territory became-a state. It is contended, however, by defendant, that when the constitution took effect it nullified the entire Lord Campbell’s act of the territory, because the provision of the act, limiting the damages recoverable to five…

1Opinion of the Court

Potter, Justice.

This case requires a consideration of the following reserved questions:

First — Was Section 3448 of the Revised Statutes of 1899 a valid and subsisting statute, and in force and effect as the law of the State on the 25th da)' of February, 1901, and is said statute in any way in conflict with the constitution of the State ?

Second — Was Section 3449 of the Revised Statutes of 1899 a valid and subsisting statute, and in force and effect as the law of the State on the 25th day of February, 1901, and is said statute in any way in conflict with the constitution of the State?

Third —…

2Cases cited16 opinions

  1. New Central Coal Co. v. George's Creek Coal & Iron Co.Court of Appeals of Maryland · 1873
  2. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  3. People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
  4. Garrick v. ChamberlainIllinois Supreme Court · 1880
  5. Douglass v. Town of HarrisvilleWest Virginia Supreme Court · 1876

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

3Cited by10 opinions

  1. Johnson v. Safeway Stores, Inc.Wyoming Supreme Court · 1977
  2. Independent Producers Marketing Corp. v. CobbWyoming Supreme Court · 1986
  3. Robinson v. AskewSupreme Court of South Carolina · 1924
  4. The Barber Asphalt Paving Co. v. JurgensCalifornia Supreme Court · 1915
  5. Burton v. Union Pacific Coal Co.Wyoming Supreme Court · 1910

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

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