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STATE EX REL. ST. LOUIS-SAN FRANCISCO RY. CO. v. BUDER

No. 58663.

515 S.W.2d 409 (1974)

STATE ex rel. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Relator, v. The Honorable William E. BUDER, Judge of the Circuit Court of the City of St. Louis, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

November 12, 1974.

Attorney(s) appearing for the Case

Gerald D. Morris, Gerald J. Harvath, St. Louis, for relator.

George R. Gerhard, St. Louis, for respondent.

SEILER, Judge.

The sole question for our consideration is whether or not Sec. 537.090, RSMo 1973 Supp., V.A.M.S., which removes the $50,000 recovery limitation in wrongful death actions, is to be applied retrospectively.

Plaintiff's decedent was killed in a train-automobile collision on September 13, 1972 in Missouri. At that time Sec. 537.090, RSMo 1969, V.A.M.S., was in effect as follows:

"In every action brought under section 537.080, the jury may...

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