Cox v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The law providing for the selection of petit juries in counties containing a city of more than fifty thousand and less than three hundred thousand inhabitants (acts of 1891, p. 172), is in violation of section 53 of article 4 of the constitution of this state, which prohibits special or local legislation in reference to the “summoning or impaneling grand or petit juries.”
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The law providing for the selection of petit juries in counties containing a city of more than fifty thousand and less than three hundred thousand inhabitants (acts of 1891, p. 172), is in violation of section 53 of article 4 of the constitution of this state, which prohibits special or local legislation in reference to the “summoning or impaneling grand or petit juries.” State ex rel. v. Miller, 100 Mo. 438; State ex rel. v. Board, 89 Mo. 237; Rutherford v. Heddens, 82 Mo. 388; State v. Kring, 74 Mo. 612; State ex rel. v.…
1Opinion of the Court
Gantt, P. J. —
This is an action to recover double damages for killing two cows, the property of plaintiff, by the locomotive and cars of the defendant. Two questions were presented for review: First, the constitutionality of the act of 1891, providing for the selection of petit jurors in counties containing more than fifty thousand and less than three hundred thousand inhabitants; secondly, the action of the trial court in refusing to direct a verdict for defendant upon the testimony.
I. If defendant is right in its claim that a demurrer to the evidence should have been sustained, then the…
2Cited by8 opinions
- Schafer v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1898
- Smith v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Duncan v. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1905
- Knoche v. WhitemanMissouri Court of Appeals · 1901
- Fraysher v. Mississippi River & Bonne Terre Railway Co.Missouri Court of Appeals · 1896
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