State v. LaNg
| Decision Date | 23 October 1883 |
| Citation | 14 Mo.App. 247 |
| Parties | STATE OF MISSOURI, Respondent, v. HENRY P. LANG, Appellant. |
| Court | Missouri Court of Appeals |
APPEAL from the St. Louis Court of Criminal Correction, NOONAN, J.
Affirmed.TURNER & MORRIS and GOTTSCHALK & BANTZ, for the appellant.
J. R. CLAIBORNE and S. P. GALT, for the respondent.
The information under which defendant was convicted, charged that he threw stones “at car No. 15, whilst the same was in motion, said car then and there being the property of the St. Louis Railroad Company, said railroad then and there being a street railroad run by horse power.”
Defendant demurred to the information on the grounds that the information charged no offence against the state of Missouri, and that the statute under which the offence is charged, does not apply to street railroads.
It was provided by section 60, of chapter 201, of the General Statutes of 1865, that “every person who shall maliciously place obstructions on the track of a railroad, or shall tear up or remove any part or portion of a railroad, or the works thereof with intent to obstruct the passage of a car or cars thereon, or to throw them off the track, shall upon conviction be imprisoned in the penitentiary not exceeding twenty years.” The next section provides that, “if any person shall, by any of the unlawful acts enumerated in the last preceding section, endanger life, or cause any locomotive or car to be thrown off the track, he shall be punished by imprisonment in the penitentiary not exceeding twenty years.”
These provisions were adopted into our statutes in the revision of 1855, from the Kentucky code of 1852. We think that there can be no doubt that they were intended to apply to railroads operated by cars drawn by steam tractors. Street tramways for cars drawn by horses, were not used in the United States at the time the Kentucky law was passed, and they were not known in Missouri in 1855. In 1877, by an act to amend section 60 of chapter 201 aforesaid (Sess. Acts 1877, p. 240), this section was amended by adding after the words “off the track,” or “shall wilfully and maliciously throw any stone, stick or anything, into or at any train, or into or at any car or locomotive while the same is in motion, or otherwise,” the penalty remaining unchanged. This amended act was, we have no doubt, intended to apply exclusively to railroads operated by steam tractors.
In the revision of 1870, the provisions as to throwing...
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Shepard v. Kansas City Public Service Co.
... ... St. Louis & M. R. R. Co., 174 Mo ... 53, 72, 73 S.W. 686, 690. Street car is a car within meaning ... of the above statute, Section 4525; State v. Lang, ... 14 Mo.App. 247, 248-250. Street car is a car within meaning ... of the above statute, Section 4525; Smith v. Mabrey, ... 154 S.W.2d ... ...
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Sams v. St. Louis & M. R. Co.
...and our St. Louis Court of Appeals has held that the offense was committed by throwing a stone at a car on a street railroad. State v. Lang, 14 Mo. App. 247. Although those are penal statutes, and therefore to be strictly construed, yet, with the strictest construction, it is impossible to ......
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Shepard v. Kansas City Pub. Serv. Co.
...Louis & M.R.R. Co., 174 Mo. 53, 72, 73 S.W. 686, 690. Street car is a car within meaning of the above statute, Section 4525; State v. Lang, 14 Mo. App. 247, 248-250. Street car is a car within meaning of the above statute, Section 4525; Smith v. Mabrey, 154 S.W. (2d) 770, 771-772. If no dan......
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Cruse v. Government Emp. Ins. Co.
...68, 278 S.W. 981. Shooting a neighbor's hogs, State v. Sillbaugh, 250 Mo. 308, 157 S.W. 352, and throwing stones at a street car, State v. Lang, 14 Mo.App. 247. In each of these instances the acts were done willfully and intentionally. In our opinion none of these cases supports plaintiffs'......