36 Cal. 281 | Cal. | 1868
Rehearing
This case was decided at the April Term, 1868, upon the authority of Reed v. The Omnibus Railroad Company, 33 Cal. 212; and Taber v. The Omnibus Railroad Company, [not reported.] A rehearing having been granted upon petition of appellant, it is again submitted upon additional oral argument and briefs.
The questions involved are identically the same as those in the case of Reed v. The Omnibus Railroad Company, supra, and after a most careful reinvestigation of the same, we are entirely satisfied with the opinion of this Court as expressed by Mr. Justice Shatter in that case, and the former decision of this case upon that authority.
Had the statute of 1863, by virtue of which these one hundred and fifty-seven several penalties or forfeitures are claimed against defendant, provided that two or more causes of action arising under the Act should not be united in the same action, but that each forfeiture or separate cause of action should be prosecuted separately, it would hardly be claimed that such a provision transcended legislative
Judgment affirmed, and remittitur directed to issue forthwith.
Mr. Chief Justice Sawyer and Mr. Justice Sanderson expressed no opinion on rehearing.
Lead Opinion
This ease is not distinguishable from Reed v. The Omnibus Railroad Company, 33 Cal. 212, and Taber v. The Omnibus Railroad Company, decided at the October Term, 1867, [not reported,] and upon the authority of those cases the judgment must be affirmed.
So ordered.