Legal Opinion

Oregon Railway & Navigation Co. v. Dacres

Washington Supreme Court

Decided March 8, 1890No. 31PublishedCited by 13 opinions

Appeal from District Court, Walla Walla County. The facts sufficiently appear in tbe opinion. The act relating to fencing of railroad tracks, approved November 28, 1883, is unconstitutional. If the purpose of a statute is to accomplish a single object only, and some of its provisions are void, the whole must fail unless sufficient remains to effect the object without the aid of the invalid portions. Cooley, Const.

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Appeal from District Court, Walla Walla County. The facts sufficiently appear in tbe opinion. The act relating to fencing of railroad tracks, approved November 28, 1883, is unconstitutional. If the purpose of a statute is to accomplish a single object only, and some of its provisions are void, the whole must fail unless sufficient remains to effect the object without the aid of the invalid portions. Cooley, Const. Lim. 178-9; Warren v. Charleston, 2 Gray, 84; Fisher v.McGirr, 1 Gray, 1; 61 Am. Dec. 381; Com. v. Hitchings, 5 Gray, 482; Fíate v. Ferry Coimty, 5 Ohio St. 497; Jones v. Robbins, 8…

1Opinion of the Court

The opinion of tbe court was delivered by

Anders, C. J.

Tbis action was brought by appellee to recover tbe value of a bull alleged to have been killed by defendant’s train.

*198The complaint alleges “that at all the times hereinafter mentioned, the defendant was and is a corporation duly incorporated, and engaged in operating a line of railroad in "Washington Territory and elsewhere. That on the 3d day of May, 1883, and for a long time prior thereto, the plaintiff was the owner of, and in the possession of a certain farm situated-in sections 19 and 20, township 7 north, of range 38 east of the…

2Cases cited8 opinions

  1. Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
  2. County of Galveston v. Galveston Gas Co.Texas Supreme Court · 1889
  3. Dacres v. Oregon Railway & Navigation Co.Washington Supreme Court · 1889
  4. Willis v. SmithTexas Supreme Court · 1889
  5. Hiatt v. BrooksNebraska Supreme Court · 1885

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3Cited by13 opinions

  1. Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
  2. Van Doren Roofing & Cornice Co. v. Guardian Casualty & Guaranty Co.Washington Supreme Court · 1917
  3. Mercer v. LoveringWashington Supreme Court · 1932
  4. Brown v. RundlettSuperior Court of New Hampshire · 1844
  5. Brooks v. Scott'sSupreme Court of Virginia · 1811

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