Hulett v. Missouri, Kansas & Texas Railway Company
| Decision Date | 14 June 1898 |
| Citation | 46 S.W. 951,145 Mo. 35 |
| Parties | Hulett v. Missouri, Kansas & Texas Railway Company, Appellant |
| Court | Missouri Supreme Court |
Appeal from Cooper Circuit Court. -- Hon. D. W. Shackleford, Judge.
Transferred to Kansas city court of appeals.
Geo. P B. Jackson for appellant.
(1) The action of the court below was violative of the defendant's rights under the Constitutions of the United States and of this State. R. S. 1889, sec. 2543; Const. of Mo., art. 2, secs. 20, 21 and 30, and art. XII, sec. 4; Const. of U.S. 14 amd., sec. 1.
Sam C Major and W. M. Williams for respondent.
The Missouri, Kansas & Eastern Railway Company made a cut and constructed its track on Main street in Rocheport, in front of plaintiff's lots and afterward laid down its track and a switch in such excavated street. Such excavation was below the surface and grade of the street a depth of from three to seven feet, thereby cutting off all access to plaintiff's lots from Main street. Afterward the Missouri, Kansas & Eastern Railway Company placed the defendant company in full possession and control of said track, and defendant company with full notice, etc., continued such obstructions in said street and operated said road and switch. The defendant's answer was in substance a general denial. Upon trial had, the plaintiff having sued for $ 1,500 damages, recovered a verdict for $ 750, and defendant appealed to this court.
Among the instructions asked by defendant and refused by the trial court, was this one: "To hold the defendant liable in this case would violate its rights guaranteed by the Constitution of the State of Missouri and of the United States, and would deprive the defendant of its property and rights without due process of law."
Mr. Webster in the Dartmouth College case gave this definition of the law of the land: "By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial." 17 U.S. 518, 4 Wheat. 518, 4 L.Ed. 629. The terms "due process of law" and "the law of the land" are interchangeable terms; they mean one and the same thing. Cooley, Const. Lim. [6 Ed.] 430, and cases cited. "In judicial investigations the law of the land requires an opportunity for a trial." Ib. 452. In the case at bar the defendant was brought before the court; had full opportunity for a defense, and thereby the constitutional provision respecting "due process of law" was fully complied with.
Chancellor Kent says: "The better and larger definition of due process of law is, that it means law in its regular course of administration through courts of justice." (2 Kent 13.) This provision of the Constitution was not designed to further nor promote absolute justice. Its only end and purpose were to give a party his day in cour...
To continue reading
Request your trial