Benjamin v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Cornt. — Hon. James Gtibson, Judge. (1) There was error in overruling the motion to quash the panel of jurors drawn under the act of April 1, 1891. Said act is unconstitutional in that it violates section 53, article 4, of the constitution. State v.Kring, 74 Mo. 612; State ex rel. v. Miller, 100 Mo. 439; State ex rel.
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Appeal from Jackson Circuit Cornt. — Hon. James Gtibson, Judge. (1) There was error in overruling the motion to quash the panel of jurors drawn under the act of April 1, 1891. Said act is unconstitutional in that it violates section 53, article 4, of the constitution. State v.Kring, 74 Mo. 612; State ex rel. v. Miller, 100 Mo. 439; State ex rel. Bicharás v. Hammer, 42 N. J. L. 436. (2) The negligence, if any, and the cause of the injury was the act of Seymore, for which the coal company and not this defendant is liable because, under the facts, Seymore was not the servant of defendant.…
1Opinion of the CourtMacfarlane, J.
Plaintiff obtained judgment in the circuit court for $2,000 against defendant, as damages for injuries received by reason of falling into a scuttle hole maintained by it in the public sidewalk adjacent to its property in Kansas City. An appeal was taken to the Kansas City court of appeals by which the cause was transferred to this court for the reason that the constitutionality of the Kansas City jury law was involved.
Defendant operated a street railroad in Kansas City, and maintained its power house on the corner of Twelfth and Charlotte streets. The basement of the building was used for…
2Cases cited11 opinions
- Water Co. v. WareSupreme Court of the United States · 1873
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Haniford v. City of KansasSupreme Court of Missouri · 1890
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3Cited by59 opinions
- State v. BiddleSupreme Court of Missouri · 1980
- Sampson v. Missouri Pacific RailroadSupreme Court of Missouri · 1978
- Young v. WheelockSupreme Court of Missouri · 1933
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
54 more not listed; retrieve them via the Exa API.