State ex rel. Cass County v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. S. Byram, Special Judge. (1) The construction heretofore given section 2608, Revised Statutes 1889, in reference to the penalty of $20, is clearly in conflict with section 8, article XI, of the Constitution of Missouri. Said section 2608, in respect to said penalty, can only be upheld as a “police regulation.”
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Appeal from Cass Circuit Court. — Hon. W. S. Byram, Special Judge. (1) The construction heretofore given section 2608, Revised Statutes 1889, in reference to the penalty of $20, is clearly in conflict with section 8, article XI, of the Constitution of Missouri. Said section 2608, in respect to said penalty, can only be upheld as a “police regulation.” Railroad v. Ellis, 165 H. S. 150; Railroad v. Morris, 65 Ala. 493; Railroad v. Moss, 60 Miss. 641; Wilder v. Railroad, 70 Mich. 382; Dibrell v. Morris’ Heirs, 15 S. W. 87; Laiferty v. Railroad, 71 Mich. 35; Railroad v. Williams, 49 Ark. 492;…
1Opinion of the CourtValliant, J.
This is an action to recover of defendant railroad company the penalty provided by section 2608, Revised Statutes 1889, for failing to ring a bell or sound a whistle at a highway crossing.
The suit was begun in a justice’s court where judgment was rendered for plaintiff, from which judgment an appeal was taken to the circuit court of Cass county. There were four counts in the petition,. each stating in due form facts rendering the defendant liable to the penalty if the statements amounted to a declaration that the defendant was the owner of the railroad within the meaning of'that statute. On…
2Cases cited3 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- State v. St. Joseph, St. Louis & Santa Fe RailroadMissouri Court of Appeals · 1891
- State ex rel. Clay County v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
3Cited by12 opinions
- State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906
- Rainwater v. WallaceSupreme Court of Missouri · 1943
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- United States v. St. Louis Southwestern Ry. Co.Court of Appeals for the Fifth Circuit · 1910
- Coatney v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1899
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