Spealman v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The plaintiff’s cause of action arose on the 11th day of June, 1877. in addition to other points presented in an elaborate brief, called special attention to the difference between section 5, article 9, constitution of 1865, which was in force when the-case of Barnett v. A. l¡¡ P. B. P. Co., 68 Mo. 56, arose, and section 8, article 11, constitution of 1875, which was in force when the present case arose, and argued…
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Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The plaintiff’s cause of action arose on the 11th day of June, 1877. in addition to other points presented in an elaborate brief, called special attention to the difference between section 5, article 9, constitution of 1865, which was in force when the-case of Barnett v. A. l¡¡ P. B. P. Co., 68 Mo. 56, arose, and section 8, article 11, constitution of 1875, which was in force when the present case arose, and argued that that case was not decisive of the question involved in this, citing especially Dutton v. Fowler, 27 Wis. 427.
1Opinion of the CourtNorton, J.
The main question presented in this case is, whether section-43 of the railroad corporation act, which makes such a corporation liable for double damages for *435stock killed by it in consequence of tbe failure of the company to erect and maintain fences along the line of its road, as therein required, is in violation either of the constitution of.the State, or the United States. It is claimed on the part of defendant that said section is obnoxious to and violative of article 5 of the amendments to the constitution of the United States, which declares that “ no person shall be deprived of life,…
2Cases cited1 opinion
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
3Cited by13 opinions
- Railroad v. CriderTennessee Supreme Court · 1892
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Phillips v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
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