State ex rel. Lorantos v. Terte

• Decision Date: 30 December 1929
• Docket Number: No. 29824.,29824.
• Parties: THE STATE EX REL. SAM LORANTOS and GEORGE LORANTOS, Doing Business as LEXINGTON BLUE BUS LINE, v. BEN TERTE, Judge of Circuit Court of Jackson County.
• Court: Missouri Supreme Court

23 S.W.2d 120 THE STATE EX REL. SAM LORANTOS and GEORGE LORANTOS, Doing Business as LEXINGTON BLUE BUS LINE,
v.
BEN TERTE, Judge of Circuit Court of Jackson County. No. 29824. Supreme Court of Missouri, Court en Banc. December 30, 1929.

Prohibition.

PRELIMINARY RULE DISCHARGED.

E.H. Henning, Otto & Potter and John D. Wendorff for relators.

(1) Since plaintiff and defendants at all the times since the alleged date of plaintiff's alleged injuries and the institution of said suit in Jackson County were and still are all residents of Lafayette County, suit can only be instituted and maintained in the Circuit Court of Lafayette County. Sec. 1177, R.S. 1919. (2) Section Thirteen of Motor Bus Regulation Act, Laws 1927, p. 409, is unconstitutional. Sec. 28, Art. 4, Constitution of Missouri; Southard v. Short, 8 S.W. (2d) 903; State v. Hurley, 258 Mo. 275; State v. Sloan, 167 S.W. 501; St. Louis v. Wortman, 213 Mo. 131; State ex rel. School District v. Hackmann, 292 Mo. 27; Mayes v. United Garment Workers, 6 S.W. (2d) 333; State v. Mullinix, 301 Mo. 385; Clark v. Railway, 6 S.W. (2d) 954.

S.L. Trusty, Edw. E. Pugh, Jr., and John F. Cook for respondent.

Section 13 of the Public Service Commission Act, Laws 1927, p. 409, providing for supervision, regulation and conduct of transportation of persons for hire over the public highways of the State by motor vehicles is not unconstitutional, and does not violate Sec. 28, Art. 4, Constitution of Missouri. Said Section 28 should be liberally construed. State v. Ins. Co., 152 Mo. 1; St. Louis v. Tiefel, 42 Mo. 590; State ex rel. Garvey v. Buckner, 272 S.W. 941; State v. Brodnax, 228 Mo. 25. Matters contained in Sec. 13, Laws 1927, p. 409, are germane and congruent with the subject-matter contained in the title of both the amendment and the title of the original Public Service Commission Act, Laws 1913, p. 556. Cunningham v. Railway Co., 215 S.W. 5; Westgate v. Adrian Township, 126 N.W. 422; Wilson v. Supreme Forest, 119 S.E. 394; State v. Cox, 234 Mo. 605; State v. Peyton, 234 Mo. 517; State v. Ross, 245 Mo. 36; State v. Brodnax, 228 Mo. 25; State ex rel. v. Buckner, 308 Mo. 390; State v. Tallo, 274 S.W. 467; St. Francis Levee District v. Dorroh, 289 S.W. 925.

GANTT, J.

Original proceeding in prohibition. Relators seek to prohibit respondent, Judge of the Circuit Court of Jackson County, from proceeding with the trial of Mary Ethel Dishman v. Sam and George Lorantos. Our preliminary rule was granted and respondent demurs to the petition alleging it does not state facts sufficient to constitute a cause of action or authorize the court to grant any relief to relators. The facts summarized from the petition follow;

Mary Ethel Dishman claims to have been injured while a passenger in a motor bus owned and operated by relators, from Lexington (Lafayette County) to Kansas City (Jackson County). She brought suit against relators in the Circuit Court of Jackson County and charges her injuries were caused by the negligence of relators in operating the bus. Summons directed to the Sheriff of Cole County was issued commanding relators to appear in the Circuit Court of Jackson County and answer said petition. The sheriff executed the writ in Cole County by serving the same on the Secretary of the Public Service Commission as provided in Section 13, Article VIII, Chapter 95, Laws 1927, page 409.

Relators filed a plea to the jurisdiction of the court and a motion to quash the sheriff's return of summons, for the reason Section 13 is unconstitutional in that it contravenes...