Humes v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The statute under which this suit was instituted, and by virtue of the provisions of which the judgment was rendered is in conflict with the constitutions of Missouri and of the United States.
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Appeal from St. Louis Court of Appeals. The statute under which this suit was instituted, and by virtue of the provisions of which the judgment was rendered is in conflict with the constitutions of Missouri and of the United States. (1) The powers of the legislature in this State are expressly limited by the constitution of 1875. Const., aid. 4, § 1. The law in question violates section 20 of article 2 of the constitution, which declares “that no private property can be taken for private use with or without compensation, unless by consent of tbe owner.” There was no snob provision in the…
1Opinion of the Court
Philips, C.
This is an action instituted in the circuit court of the city of St. Louis under what is popularly known as the 43d section of the general corporation law of this State, for double damages for killing plaintiff’s mule on defendant’s railroad. The plaintiff recovered judgment for $135, which on motion of plaintiff' was doubled by the court and judgment entered accordingly. From this judgment the defendant appealed to the court of appeals where the judgment of the lower court was affirmed proforma,. Defendant has brought the case here on appeal.
I. This court is invited by appellant,…
2Cases cited16 opinions
- Neenan v. SmithSupreme Court of Missouri · 1872
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Riddick v. WalshSupreme Court of Missouri · 1852
- State v. AbleSupreme Court of Missouri · 1877
- State ex rel. Circuit Attorney of Tenth Judicial Circuit v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
47 more not listed; retrieve them via the Exa API.