Lueders v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. — Hon. R. G. Raney, Judge. (1) (a) See. 5425-, R. S: 1909, violates See. 28, Art. 2, of the Constitution of Missouri, in that it deprives the defendant in a civil action of the right of trial hy jury as heretofore enjoyed. Bartling v. Jami-son, 44 Mo. 141. (b) Said section further violates Sec. 30, Art. 2 of the Constitution in that it deprives this defendant of property without due process of law.
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Appeal from Cape Girardeau Court of Common Pleas. — Hon. R. G. Raney, Judge. (1) (a) See. 5425-, R. S: 1909, violates See. 28, Art. 2, of the Constitution of Missouri, in that it deprives the defendant in a civil action of the right of trial hy jury as heretofore enjoyed. Bartling v. Jami-son, 44 Mo. 141. (b) Said section further violates Sec. 30, Art. 2 of the Constitution in that it deprives this defendant of property without due process of law. (c) Said section further violates See. 10 of Art. 2 of the Constitution, in that it prohibits the court from setting aside the verdict of the jury…
1Opinion of the Court
BROWN, C.
n i¡ ence eg igence.
This suit was brought in the Cape Girardeau Court of Common Pleas August 23, 1907. plaintiff, respondent here, is the widow ^ Henry Lueders who was killed by a train of the defendant in the city of Cape Girardeau, May 1, 1907. She sues to recover, on account of his death, $10,000, the maximum penalty prescribed by section 2864 of the Revised Statutes of Missouri, 1899, as amended by the Act of April 13, 1905, being section 5425 of the Revised Statutes of 1909. The negligence charged is the' violation of an ordinance of the city limiting the speed of railway…
2Cases cited5 opinions
- Kansas City v. HydeSupreme Court of Missouri · 1906
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Pope v. Wabash RailroadSupreme Court of Missouri · 1912
3Cited by6 opinions
- Bowers v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919
- Swigart v. LuskMissouri Court of Appeals · 1917
- Davis v. HiltonMissouri Court of Appeals · 1963
- Foy v. United Railways Co.Missouri Court of Appeals · 1920
- State v. Southeastern Palm Beach County Hospital DistrictSupreme Court of Florida · 1956
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