State Ex Rel. St. Louis-San Francisco Railway Co. v. Buder

SEILER, Judge.

The sole question for our consideration is whether or not Sec. 537.090, RSMo 1973 Supp., V.A.M.S., which removes the $50,000 recovery limitation in wrongful death actions, is to be applied retrospectively.

Plaintiff’s decedent was killed in a train-automobile collision on September 13, 1972 in Missouri. At that time Sec. 537.-090, RSMo 1969, V.A.M.S., was in effect as follows:

“In every action brought under section 537.080, the jury may give to the surviving party or parties who may be entitled to sue such damages, not exceeding fifty thousand dollars, as the jury may deem fair…