Steele v. Missouri Pacific Ry. Co.

Decision Date31 October 1884
PartiesSTEELE v. THE MISSOURI PACIFIC RAILWAY COMPANY, Appellant.
CourtMissouri Supreme Court

Appeal from Cooper Circuit Court.--HON. E. L. EDWARDS, Judge.

AFFIRMED.

G. H. Benton for appellant.

Draffen & Williams for respondent.

DEARMOND, C.

This action was begun before a justice of the peace to recover two hundred and fifty dollars, double damages, for the killing of respondent's mule by appellant's cars. Judgment was rendered by the justice by default, for the amount claimed. An appeal was taken to the circuit court, where the court, sitting as a jury, assessed respondent's damages at one hundred and fifteen dollars, on motion doubled the amount, and gave judgment for two hundred and thirty dollars, which judgment is appealed from.

The point pressed by appellant in this court is the alleged unconstitutionality of the clause of section 2835, conferring upon justices of the peace jurisdiction in actions against railroad companies for killing or injuring live stock, without regard to the value of the animal, or the amount claimed. Appellant insists that this portion of the section is in violation of both the state and federal constitutions. The local constitutional objection is, that it is a special statute of the character expressly prohibited. Const., art. iv, sec. 53, sub-div. 17. In the great number of similar cases decided by this court, there is no trace of doubt as to the constitutionality of this provision, which has been in our statute book for many years with little material alteration. Counsel suggests that perhaps the question of constitutionality was never before closely pressed. I do not regard the question as longer debatable. The constitutionality of the clause under consideration I cannot question, in the light of the numerous decisions wherein the jurisdiction of the justice is denied by counsel but sustained by the court. Hudson v. St. L., K. C. & N. Ry. Co., 53 Mo. 525; Parish v. M., K. & T. R. R. Co., 63 Mo. 284; Walthers v. M. P. Ry. Co., 78 Mo. 617; Humes v. Mo. Pac. Ry. Co., 82 Mo. 221. The statutes contain many provisions that, on appellant's theory, would be unconstitutional, but whose constitutionality is beyond question.

Such special or local laws as may be enacted, are not to be passed “unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated.” Const., art. iv, sec. 54. If this were indeed a special law, and not...

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8 cases
  • State v. Ward
    • United States
    • Missouri Supreme Court
    • July 3, 1931
    ...351; State v. Hill, 147 Mo. 63; State v. Walsh, 136 Mo. 400; Ashbrook v. Schaub, 160 Mo. 107; State v. Grandeman, 132 Mo. 326; Steele v. Railroad Co., 84 Mo. 57; State ex rel. v. Walton, 69 Mo. 556. (3) Sec. R. S. 1919, was repealed by the Legislature in 1929 and prior to the time defendant......
  • State ex rel. Moseley v. Lee
    • United States
    • Missouri Supreme Court
    • April 11, 1928
    ...within the meaning of the constitution. Humes v. Railroad Company, 82 Mo. 221; Burkholder v. Union Trust Co., 82 Mo. 572; Steele v. Railroad, 84 Mo. 57; State ex rel. v. Miller, 100 Mo. 439. (3) The invalidity of a statute affecting a single class must appear beyond a reasonable doubt befor......
  • State v. Ward
    • United States
    • Missouri Supreme Court
    • July 3, 1931
    ...351; State v. Hill, 147 Mo. 63; State v. Walsh, 136 Mo. 400; Ashbrook v. Schaub, 160 Mo. 107; State v. Grandeman, 132 Mo. 326; Steele v. Railroad Co., 84 Mo. 57; State ex rel. v. Walton, 69 Mo. 556. (3) Sec. 5596, R.S. 1919, was repealed by the Legislature in 1929 and prior to the time defe......
  • State v. McCann
    • United States
    • Missouri Supreme Court
    • February 17, 1932
    ... ... 748 The State v. Albert McCann, Appellant No. 31440 Supreme Court of Missouri February 17, 1932 ...           Appeal ... from Jasper Circuit Court; Hon. R. H. Davis ... 427; Humes v ... Railway Co., 82 Mo. 221; Burkholder v. Trust ... Co., 82 Mo. 572; Steele v. Railway Co., 84 Mo ... 57; State v. Miller, 100 Mo. 439; State ex inf. v ... Southern, ... ...
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