Bowen v. Missouri Pacific Railway Co.
Supreme Court of Missouri
■ Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The act of the gexxex*al assembly passed at its extx*a session convexxed May 11, 1887 (Acts Extx*a Session, 1887, pp. 14, 15), is unconstitutional axxd void. The general assembly had no power or authority to pass the act at such extra sessioxx.
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■ Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The act of the gexxex*al assembly passed at its extx*a session convexxed May 11, 1887 (Acts Extx*a Session, 1887, pp. 14, 15), is unconstitutional axxd void. The general assembly had no power or authority to pass the act at such extra sessioxx. Wells v. Railroad, 19 S. W. Rep. 530. (2) Said act is unconstitutional for the further reason that the title is misleading, and contains no suggestion of the provisions of the second section./- It contains two distinct subjects, and only one of them is referred to in the title.…
1Opinion of the CourtBlack, P. J.
The plaintiff brought this action to recover damages for the death of her husband, who was a switchman in the employ of the defendant, at its yards in the town of Chamois. The substantial averments of the petition are, that defendant failed and neglected to have the space between a guard rail and a track rail blocked, by reason of which the foot of deceased was caught, causing injuries from which he died on the same day, that is to say, the twenty-fourth of March, 1891.
The petition is based on the act of the sixteenth of June, 1887, passed at the extra session of the general assembly of that…
2Cases cited3 opinions
- Gardner v. CollectorSupreme Court of the United States · 1868
- Wells v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Clare v. StateSupreme Court of Iowa · 1858
3Cited by17 opinions
- Schweich v. NixonSupreme Court of Missouri · 2013
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Protection Mutual Insurance Co. v. Kansas CitySupreme Court of Missouri · 1974
- Ruckert v. Grand Avenue Railway Co.Supreme Court of Missouri · 1901
- Bly v. Skaggs Drug Centers, Inc.Missouri Court of Appeals · 1978
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