Carter v. Wabash Railrod
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Section 2864, as amended by the Act of 1905, Laws of Missouri of 1905, pages 135, et seq., allowing a recovery of not less than- two, nor more than ten thousand dollars, in the discretion of the jury, as applied by the court in this case, is unconstitutional and void, because in conflict with the Fourteenth Amendment to the Federal Constitution, and section 30, article 2, of the Missouri Constitution.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Section 2864, as amended by the Act of 1905, Laws of Missouri of 1905, pages 135, et seq., allowing a recovery of not less than- two, nor more than ten thousand dollars, in the discretion of the jury, as applied by the court in this case, is unconstitutional and void, because in conflict with the Fourteenth Amendment to the Federal Constitution, and section 30, article 2, of the Missouri Constitution. Yick Wo v. Hopkins, 118 TJ. S. 356; Gilkeson v. Railroad, 222 Mo. 201-204. (2) The court erred in refusing to instruct a…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff under the wrongful death statute on account of the negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
The grounds of negligence relied upon relate to the failure of defendant to sound the hell or whistle attached to its locomotive engine, on approaching a public road crossing at which plaintiff’s husband was killed. It appears plaintiff’s husband and his neigh*229bor Byars were en route borne from Benton City, riding in an ordinary lumber wagon drawn by a team consisting of one borse and a mule. Tbe bour was about noon,…
2Cases cited12 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
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3Cited by3 opinions
- Doyel v. ThompsonSupreme Court of Missouri · 1948
- Armentrout v. HughesSupreme Court of North Carolina · 1958
- Armentrout v. HughesSupreme Court of North Carolina · 1958