Peters v. St. Louis & S. F. R. Co.

• Decision Date: 07 November 1911
• Citation: 140 S.W. 1197
• Court: Missouri Court of Appeals
• Parties: PETERS v. ST. LOUIS & S. F. R. CO.

140 S.W. 1197

PETERS v. ST. LOUIS & S. F. R. CO.

St. Louis Court of Appeals. Missouri.

November 7, 1911.

Appeal from St. Louis Circuit Court; Robt. M. Foster, Judge. Action by Catherine Peters against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff was reversed on appeal by the Springfield Court of Appeals (150 Mo. App. 721, 131 S. W. 917), and transferred to the St. Louis Court of Appeals. Reversed and remanded.

Jones, Jones, Hocker & Davis and W. F. Evans, for appellant. Robt. M. Nichols, for respondent.

PER CURIAM.

This is an action commenced in the circuit court of the city of St. Louis by plaintiff, widow of one William W. Peters, for damages sustained by reason of his death. There were two counts in the petition; the first under section 5425, and the second under sections 5426 and 5427, R. S. 1909. From a verdict and judgment in favor of plaintiff on the first count, defendant appealed to this court. Verdict and judgment were for defendant on the second count, but no appeal was taken by plaintiff thereon. Pursuant to the provisions of an act of the General Assembly of this state of June 12, 1909 (Laws 1909, p. 396, now section 3939, R. S. 1909), the cause was transferred by this court to the Springfield Court of Appeals, there argued and submitted, and the judgment of the circuit court reversed, and the cause remanded for trial on both counts of the petition. See 150 Mo. App. 721, 131 S. W. 917. Thereafter the cause was transferred back to us; the Supreme Court having held the above act unconstitutional. See State ex rel. Dunham v. Nixon, 232 Mo. 98, 133 S. W. 336; State ex rel. St. Louis Dressed Beef & Provision Co. v. Nixon, 232 Mo. 496, 134 S. W. 538; State ex rel. O'Malley v. Nixon, 233 Mo. 345, 138 S. W. 342. It has been argued and submitted to this court. We see no reason to differ from the conclusion arrived at by the Springfield Court of Appeals, and accordingly adopt the statement and opinion of that court, as rendered by Judge Gray and reported as above, as the statement and opinion of this court in this case. The judgment of the circuit court of the city of St. Louis is reversed, and the cause remanded, with directions to the circuit court to proceed with the cause on the two counts of the petition and as indicated in the aforementioned opinion. All concur.