Bettys v. Milwaukee & Saint Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. The complaint alleges, in substance, that on, etc., at Clayton county in the state of Iowa, the cattle of the plaintiff, without his fault, strayed upon the track of the defendant, at a point where the track crosses plaintiff’s farm, through the carelessness of the defendant, in not maintaining proper fences, and were run over and killed by a train of cars; that the law of the state of Iowa was at the time and still is as…
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APPEAL from the Circuit Court for Crawford County. The complaint alleges, in substance, that on, etc., at Clayton county in the state of Iowa, the cattle of the plaintiff, without his fault, strayed upon the track of the defendant, at a point where the track crosses plaintiff’s farm, through the carelessness of the defendant, in not maintaining proper fences, and were run over and killed by a train of cars; that the law of the state of Iowa was at the time and still is as follows : (Acts of the 9th general assembly of the state of Iowa, chap. 169, secs. 8, 5, 6 and 7). “ Sec. 8. When any…
1Opinion of the Court
Ryan, 0. J.
I. The first count of the complaint is plainly framed under the statute of Iowa pleaded. It recites the statute, and avers all the facts necessary under it to the recovery of the double damages which the statute gives, and prays judgment for them. It is strictly an action under the statute. Chipman v. Emeric, 5 Cal., 239. No such action is known to our law. And, for reasons assigned in Anderson v. M. & St. P. R’y Co., ante, p. 321, the action cannot be maintained here.
There is another reason applicable to this case, not to that. The double damages of the Iowa statute are given by…
2Cases cited5 opinions
- Minnesota Co. v. ChamberlainSupreme Court of the United States · 1866
- Tyson v. McGuineasWisconsin Supreme Court · 1870
- Brigham v. ClaflinWisconsin Supreme Court · 1872
- Newcomb v. ButterfieldNew York Supreme Court · 1811
- Chipman v. EmericCalifornia Supreme Court · 1855
3Cited by11 opinions
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Miller v. Mun. Court of L. A.California Supreme Court · 1943
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
- Eskovitz v. BergerMichigan Supreme Court · 1936
- MacCarthy v. WhitcombWisconsin Supreme Court · 1901
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