Witzman v. Southern Ry. Co.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtBurgess
Citation131 Mo. 612,33 S.W. 181
Decision Date17 December 1895
PartiesWITZMAN v. SOUTHERN RY. CO.
33 S.W. 181
131 Mo. 612
WITZMAN
v.
SOUTHERN RY. CO.
Supreme Court of Missouri, Division No. 2.
December 17, 1895.

CONSTITUTIONAL LAW — STATUTES — CONSTRUCTION — TITLE OF ACT.

Act March 3, 1869, entitled "An act to regulate the sale of tickets, the rate of fare to be charged, and taxes and license to be paid by street railroad companies in the city of St. Louis," in providing in section 4 that "each car shall be furnished with such adjustable gates or guard" as shall effectually prevent passengers from getting on or off by the front platform, violates Const. art. 4, § 32, providing that no law shall relate to more than one subject, and that shall be expressed in its title.

Appeal from St. Louis circuit court; Leroy B. Valliant, Judge.

Action by Christian Witzman against the Southern Railway Company for personal injuries. From an order setting aside a verdict for plaintiff, and granting defendant's motion for a new trial, plaintiff appeals. Affirmed.

Gerald Griffin and A. R. Taylor, for appellant. Lubke & Muench, for respondent.

BURGESS, J.


Plaintiff recovered a verdict before a jury in the circuit court of the city of St. Louis against defendant in the sum of $2,000 for personal injuries alleged to have been sustained by him while a passenger on defendant's car. He alleged in his petition that he was thrown off the front platform of the car and that "said car platform was in a defective condition, in that on the right-hand side of said car from which the plaintiff was so thrown there was no gate or safeguard or other appliances to prevent passengers being thrown from said car." The defenses were a general denial, and charges of contributory negligence. Over the objection and exception of defendant, the court, at the instance of plaintiff, instructed the jury as follows: "If the jury find from the evidence in this case that on the 29th day of July, 1892, the defendant was a street-railroad company in the city of St. Louis, and was using the railway and car herein mentioned for the purpose of carrying passengers for hire; and if the jury further find from the evidence that on said day the defendant, by its servants in charge of its cars, received the plaintiff as a passenger on defendant's car, to be carried as such passenger to Lafayette avenue and Ninth street, St. Louis, on defendant's line of railway; and if the jury further find from the evidence that defendant was carrying the plaintiff as such passenger on the front platform of said car; and if the jury find from the evidence that the plaintiff paid his fare to defendant's agent or servant in charge of said car, authorized to receive the same; and if the jury further find from the evidence that whilst the plaintiff was being so carried as such passenger, at or near the corner of Lafayette avenue and Eighth street, he was, by sudden and unusual jerk or shock of said car, thrown from said car and injured; and if the jury further find from the evidence that at...

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16 practice notes
  • McGrew v. Missouri Pac. Ry. Co.
    • United States
    • United States State Supreme Court of Missouri
    • June 28, 1910
    ...94 Am. St. Rep. 802; City of Kansas v. Payne, 71 Mo. 159 ; State ex rel. v. Baker, 129 Mo. 482, 31 S. W. 924; Witzmann v. Railway Co., 131 Mo. 612, 33 S. W. 181; Shively v. Lankford, 174 Mo. 535, 74 S. W. 835 ; Dart v. Bagley, 110 Mo. 42, 19 S. W. 311; In re Hauck, 70 Mich. 396, 38 N. W. 26......
  • State ex rel. Penal Institutions v. Becker, No. 31674.
    • United States
    • United States State Supreme Court of Missouri
    • March 15, 1932
    ...the directness or remoteness, as the case may be, of its provisions to matters in consonance with its title." [Witzmann v. The S. Ry. Co., 131 Mo. 612, l.c. 618-619, 33 S.W. "No definite rule to test the sufficiency of titles of enactments has yet been formulated. Each case must be adjudica......
  • State v. Bixman
    • United States
    • United States State Supreme Court of Missouri
    • March 5, 1901
    ...79; State v. Schofield, 41 Mo. 39; State v. County Court of Marion Co., 128 Mo. 427, 30 S. W. 103, 31 S. W. 23; Witzmann v. Railway Co., 131 Mo. 612, 33 S. W. 181; State v. Persinger, 76 Mo. 346. So, in the case of Town of Cantril v. Sainer, 59 Iowa, 26, 12 N. W. 753, it was held that, an o......
  • State ex rel. Transport Mfg. Co. v. Bates, No. 41456.
    • United States
    • United States State Supreme Court of Missouri
    • November 14, 1949
    ...Article III, of the Constitution of Missouri: 1 Cooley's Const. Lim. (8th Ed.), p. 296; 36 Cyc., p. 1029, n. 27; Witzman v. So. Ry. Co., 131 Mo. 612, 33 S.W. 181; State v. Borden, 164 Mo. 221, 64 S.W. 172; State v. Coffee Co., 171 Mo. 634, 71 S.W. 1011; State ex rel. v. Wiethaup, 231 Mo. 44......
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16 cases
  • McGrew v. Missouri Pac. Ry. Co.
    • United States
    • United States State Supreme Court of Missouri
    • June 28, 1910
    ...94 Am. St. Rep. 802; City of Kansas v. Payne, 71 Mo. 159 ; State ex rel. v. Baker, 129 Mo. 482, 31 S. W. 924; Witzmann v. Railway Co., 131 Mo. 612, 33 S. W. 181; Shively v. Lankford, 174 Mo. 535, 74 S. W. 835 ; Dart v. Bagley, 110 Mo. 42, 19 S. W. 311; In re Hauck, 70 Mich. 396, 38 N. W. 26......
  • State ex rel. Penal Institutions v. Becker, No. 31674.
    • United States
    • United States State Supreme Court of Missouri
    • March 15, 1932
    ...the directness or remoteness, as the case may be, of its provisions to matters in consonance with its title." [Witzmann v. The S. Ry. Co., 131 Mo. 612, l.c. 618-619, 33 S.W. "No definite rule to test the sufficiency of titles of enactments has yet been formulated. Each case must be adjudica......
  • State v. Bixman
    • United States
    • United States State Supreme Court of Missouri
    • March 5, 1901
    ...79; State v. Schofield, 41 Mo. 39; State v. County Court of Marion Co., 128 Mo. 427, 30 S. W. 103, 31 S. W. 23; Witzmann v. Railway Co., 131 Mo. 612, 33 S. W. 181; State v. Persinger, 76 Mo. 346. So, in the case of Town of Cantril v. Sainer, 59 Iowa, 26, 12 N. W. 753, it was held that, an o......
  • State ex rel. Transport Mfg. Co. v. Bates, No. 41456.
    • United States
    • United States State Supreme Court of Missouri
    • November 14, 1949
    ...Article III, of the Constitution of Missouri: 1 Cooley's Const. Lim. (8th Ed.), p. 296; 36 Cyc., p. 1029, n. 27; Witzman v. So. Ry. Co., 131 Mo. 612, 33 S.W. 181; State v. Borden, 164 Mo. 221, 64 S.W. 172; State v. Coffee Co., 171 Mo. 634, 71 S.W. 1011; State ex rel. v. Wiethaup, 231 Mo. 44......
  • Request a trial to view additional results

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