86 Mo. 629 | Mo. | 1885
— This suit originated in the circuit court of Barton county, and is for the recovery of double damages for the alleged killing of plaintiff’s cow, by a train of defendant’s cars. A trial of the cause resulted in a judgment for plaintiff for double damages, and defendant has prosecuted an appeal to this court, urging a reversal of the judgment on the ground that the section of our law allowing the recovery of double damages against a railroad corporation for stock killed or injured, in consequence of the company’s failure to. fence its road, is in conflict with section 20, article 2; section 30, article 2 ; section 53, article 4, and section 8, article 11, of the constitution of this state. These questions have been passed upon by this court, and the constitutionality of said law upheld, and we adhere to the ruling in those cases. Barnett v. A. & P. Ry. Co., 68 Mo. 56; Cummings v. St. L., I. M. & S. Ry. Co., 70 Mo. 570; Spealman v. Mo. Pac. Ry. Co., 71 Mo. 434.
The judgment is affirmed.