Lige v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Eon. G. W. Wanamaker, Judge. (1) The instruction in the nature of a demurrer to the evidence should have been given for the reason that the act of June 8, 1909 (Laws 1909, p. 438; Secs. 4710, 4711, 4712, E. S. 1909), upon which the plaintiff specifically in his petition predicates a recovery, is void and unconstitutional for: (a) The act is an unreasonable and arbitrary exercise of power, in violation of the due-process clause of the…
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Appeal from Harrison Circuit Court. — Eon. G. W. Wanamaker, Judge. (1) The instruction in the nature of a demurrer to the evidence should have been given for the reason that the act of June 8, 1909 (Laws 1909, p. 438; Secs. 4710, 4711, 4712, E. S. 1909), upon which the plaintiff specifically in his petition predicates a recovery, is void and unconstitutional for: (a) The act is an unreasonable and arbitrary exercise of power, in violation of the due-process clause of the Missouri Constitution (Sec. 30, art. 2) and the Fourteenth Amendment to the Federal Constitution, in that it requires a…
1Opinion of the CourtWoodson, J.
This is a suit brought by the plaintiff against the defendant, in the circuit court' of' Harrison County, to recover .damages for personal injuries sustained by him while a passenger upon one of its trains, by being assaulted by Bert Burke, another passenger thereon, while in a drunken or intoxicated condition. The plaintiff recovered judgment for one thousand dollars, and the defendant timely and properly appealed the cause to this court.
Omitting unessentials the petition reads:
“Plaintiff further states that the defendant wholly disregarding its duties towards its said passengers, and…
2Cases cited14 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Jackson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
- State ex rel. Rolston v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Virginia D. v. Madesco Investment Corp.Supreme Court of Missouri · 1983
- Tommy Helms and Ken Helms v. Southwestern Bell Telephone CompanyCourt of Appeals for the Fifth Circuit · 1986
- Hull v. BaumannSupreme Court of Missouri · 1939
- Hines v. HookSupreme Court of Missouri · 1935
- City of Cape Girardeau v. Fred A. Groves Motor Co.Supreme Court of Missouri · 1940
7 more not listed; retrieve them via the Exa API.