Spealman v. Missouri Pacific Ry. Co.

• Decision Date: 30 April 1880
• Citation: Spealman v. Missouri Pacific Ry. Co., 71 Mo. 434 (Mo. 1880)
• Parties: SPEALMAN v. THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant.
• Court: Missouri Supreme Court

71 Mo. 434

SPEALMAN

v.THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant.

Supreme Court of Missouri.

April Term, 1880.

Appeal from Cass Circuit Court.--HON. NOAH M. GIVAN, Judge.

AFFIRMED.

The plaintiff's cause of action arose on the 11th day of June, 1877.

Thos. J. Portis and E. A. Andrews for appellant, in addition to other points presented in an elaborate brief, called special attention to the difference between section 5, article 9, constitution of 1865, which was in force when the case of Barnett v. A. & P. R. R. Co., 68 Mo. 56, arose, and section 8, article 11, constitution of 1875, which was in force when the present case arose, and argued that that case was not decisive of the question involved in this, citing especially Dutton v. Fowler, 27 Wis. 427.

NORTON, J.

The main question presented in this case is, whether section 43 of the railroad corporation act, which makes such a corporation liable for double damages for stock killed by it in consequence of the failure of the company to erect and maintain fences along the line of its road, as therein required, is in violation either of the constitution of the State, or the United States. It is claimed on the part of defendant that said section is obnoxious to and violative of article 5 of the amendments to the constitution of the United States, which declares that “no person shall be deprived of life, liberty or property, without due process of law;” and also of article 14, which provides that “no State shall deprive any person of life, liberty or property without due process of law.” In the case of Barnett v. A. & P. R. R. Co., 68 Mo. 56, it was contended that said section 43 was in conflict with article 2, section 30, of the constitution of the State, which is an exact copy of article 5 of the constitution of the United...