Barnett v. Atlantic & Pacific Railroad
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. William T. Wood, Judge. 1. The double-damage law is either compensatory "or, punitive. It was intended to be the remedy by which a person should be compensated for damage to his stock, or, it may be regarded as a fine imposed or penalty inflicted upon the corporation for failure to feuce the road. Or, again, it may be considered as both compensatory and punitive. Gorman v. Pacific R. R., 26 Mo. 450 ; Trice v. TIann. ft St. Jo.
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Appeal from Pettis Circuit Court. — Hon. William T. Wood, Judge. 1. The double-damage law is either compensatory "or, punitive. It was intended to be the remedy by which a person should be compensated for damage to his stock, or, it may be regarded as a fine imposed or penalty inflicted upon the corporation for failure to feuce the road. Or, again, it may be considered as both compensatory and punitive. Gorman v. Pacific R. R., 26 Mo. 450 ; Trice v. TIann. ft St. Jo. R. R., 49 Mo. 440; Hudson v. St. L., E. C. ft N. Ry. Co., 53 Mo. 536; Seaton v. R. R. Co., 55 Mo. 416. 2. If it be a penal…
1Opinion of the CourtHough, J.
— This wras an action under the 43d section of the railroad act for double-damages for stock killed in consequence of the failure of the railroad company to erect *62and maintain fences as provided by law. The plaintiff had Judgment and the defendant has appealed. ■
The defendant contends that so much of the 43d section as entitles the plaintiff to double-damages is unconstitutional, whether the statute be considered as compensatory or penal in its nature. If it be regarded as compensatory only, it is argued that it is unconstitutional, in that it gives the party injured twice the amount of all…
2Cases cited7 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
- State Ex Rel. Crutcher v. KoelnSupreme Court of Missouri · 1933
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
39 more not listed; retrieve them via the Exa API.