No. 44334.

276 S.W.2d 226 (1955)

Paul CRUMP, Ruth Crump, Gary Crump, by Paul Crump, his Next Friend, Brenda Crump, by Paul Crump, her Next Friend, Barbara Crump, by Paul Crump, her Next Friend, Patsy Crump, by Paul Crump, her Next Friend, Respondents, v. Tommy TREADWAY, Personal Representative of Rhea R. Brown, Deceased, Appellant.

Supreme Court of Missouri, Division No. 1.

March 14, 1955.

Attorney(s) appearing for the Case

Ward & Reeves, Caruthersville, for appellant.

Harold D. Jones and William C. Batson, Jr., New Madrid, Web A. Welker, Portageville, for respondents.

Harry C. Blanton, Sikeston, for amicus curiae. Blanton & Blanton, Sikeston, of counsel.


This action originated in the Circuit Court of New Madrid County. This appeal, taken by defendant from a final judgment rendered in favor of plaintiffs, challenges the constitutionality of Paragraph 3 of Section 537.020, RSMo 1949, V.A.M.S., which provides:

"Where a nonresident of the state negligently causes such injury or death in this state, and such nonresident is killed or dies, the probate court of the county where the casualty...


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