Hawkins v. Smith
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Plaintiff’s action is based on tbe Act of May 10, 1907. (Laws 1907, p. 251). This may give a right of action to tbe injured agent or servant, but does not transmit any cause of action to tbe widow in case tbe agent or servant is killed.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) Plaintiff’s action is based on tbe Act of May 10, 1907. (Laws 1907, p. 251). This may give a right of action to tbe injured agent or servant, but does not transmit any cause of action to tbe widow in case tbe agent or servant is killed. Strottman v. Railroad, 211 Mo. 227; Broadwater v. Railroad, 212 Mo. 437; McMurray v. Railroad, 125 S. W. 751; Henderson v. Railroad, 133 S. W. 151. (2) Tbe Act of May 10, 1907, is unconstitutional under tbe provision of: 1st. Tbe Fourteenth Amendment to tbe .Constitution of tbe United States.…
1Opinion of the Court
BLAIR, C.
J. Hawkins having met death in one of appellants’ lead and zinc mines by reason of the negligence of a fellow-servant, his widow brought this suit and recovered judgment under the Act of May 10, 1907 (Secs. 5440-5444, R. S. 1909), known as the “Mining Fellow-Servants Law.”
To reverse that judgment appellants ’ counsel contend that (1) the act mentioned is unconstitutional and (2) no cause of action survives to respondent under the facts stated.
1. It is insisted that the act under which judgment was recovered contravenes the provisions of the Fifth and Fourteenth Amendments to the…
2Cases cited30 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Holden v. HardySupreme Court of the United States · 1898
- St. Louis Consolidated Coal Co. v. IllinoisSupreme Court of the United States · 1902
- Blanton v. DolbSupreme Court of Missouri · 1891
25 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hyde v. City of ColumbiaMissouri Court of Appeals · 1982
- Stiffelman v. AbramsSupreme Court of Missouri · 1983
- State Ex Rel. Fire Dist. of Lemay v. SmithSupreme Court of Missouri · 1945
- State Ex Rel. Thomas v. DauesSupreme Court of Missouri · 1926
- Ex Parte Keane v. StrodtmanSupreme Court of Missouri · 1929
18 more not listed; retrieve them via the Exa API.