Sharp v. National Biscuit Co.
Supreme Court of Missouri
Appeal-from Jackson Circuit Court. — if on. Echo. P. Gates, Judge. (1) The amendment to the Constitution allowing a two-thirds majority of the jury of twelve to return a verdict in civil cases, even though.' properly submitted to the voters of the State, and even though properly adopted by the people of the State, was and is not self-enforcing; and until the same was enforced by appropriate legislation of the State it was not effective, an'd therefore defendant was deprived…
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Appeal-from Jackson Circuit Court. — if on. Echo. P. Gates, Judge. (1) The amendment to the Constitution allowing a two-thirds majority of the jury of twelve to return a verdict in civil cases, even though.' properly submitted to the voters of the State, and even though properly adopted by the people of the State, was and is not self-enforcing; and until the same was enforced by appropriate legislation of the State it was not effective, an'd therefore defendant was deprived of its constitutional right of a unanimous verdict of twelve jurors as theretofore enjoyed under the Constitution and…
1Opinion of the CourtMarshall, J.
— This is an action, under the statute, for damages, caused to the plaintiffs by the death of their infant son, George Calvin Sharp, five years of age, by being run over by one of defendant’s wagons, on July 18, 1899, on Sixth street, between McGee and Oak streets, in Kansas City. The plaintiffs recovered a judgment for fifteen hundred dollars,, and the defendant appealed.
The negligence charged in the petition is that the driver of the wagon compelled the child to jump from the wagon, and in consequence he was run over and killed. The answer is a general denial, with special pleas of *557contribut…
2Cases cited4 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
3Cited by20 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Wann v. Reorganized School District No. 6 of St. Francois CountySupreme Court of Missouri · 1956
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- Geneva Inv. Co. v. City of St. Louis, Mo.Court of Appeals for the Eighth Circuit · 1937
- McFarland v. Oregon Electric Ry. Co.Oregon Supreme Court · 1914
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