Sollenberger v. Kansas City Public Service Co.

Action under the penalty section of our death statute, Sec. 3652 R.S. 1939, Mo. R.S.A., Sec. 3652, to recover $10,000 for the[27] alleged wrongful death of plaintiff's husband who was killed in a collision between the car which deceased was operating and defendant's bus. Plaintiff (respondent) obtained a judgment for $7500 and defendant appealed. The appeal lies to the supreme court because the constitutional validity of the statute upon which the cause is based is challenged.

Plaintiff pleaded both primary and humanitarian negligence. In the answer defendant challenged the constitutional…