State Constitutions and American Tort Law-Witt in cases of fatal and nonfatal injuries. 2 Wyoming(1889), Kentucky (1890),and Arizona(1912)followed. Oklahoma made the availability of wrongful death actions in cases for which a plaintiff could have recovered" had death not occurred" part of its constitution in 1907. And New York(1894), Utah(1896), and Ohio(1913) prohibited statutory damages maxima in death cases. Indeed, late nineteenth and early twentieth century state constitution makers included an array of specific tort law provisions in their constitutions. Texas's 1876 constitution provided that those who committed homicides by wilful act and gross neglect were liable for exemplary damages to the decedents survivors. Colorados 1876 constitution barred employers from requiring their employees to waive their tort rights against the employer as a condition of employment Wyomings 1889 constitution did the same, and also provided for tort ctions on behalf of miners injured or killed because of the violation of the constitution's rules regarding mines and mining 23 Mississippi's infamous 1890 Jim Crow constitution mandated exceptions to employers'common law defenses in employers' liability cases; established the availability of wrongful death actions; and prohibited waivers of tort liability as a condition of employment. Oklahoma's 1907 constitution provided that the defenses of contributory negligence and assumption of the risk were"in all cases whatsoever"a"question of fact and therefore"at all times "to be 12 Ark const of 1874,$ 32 Arizona Const, art. 2,$31 IN.Y. Const of 1894, art. 1,$18 %ohio Const, art. 1, $ 19a. ex Const of 1876. art. XV IColo Const of 18 wyo Const Of 1889, art.9, $4 Miss. Const, art. 7, 819310 State Constitutions and American Tort Law – Witt 12Ark. Const of 1874, § 32. 13Wyo. Const. of 1889, art. 10, § 4. 14Ky. Const of 1890, § 54. Kentucky’s 1890 constitution also constitutionalized the theretofore statutory wrongful death cause of action. See Ky. Const. Of 1890, § 241. 15Arizona Const., art. 2, § 31. 16Okla. Const. of 1907, art. 9, § 36. 17N.Y. Const. of 1894, art. I, § 18. 18Utah Const., art. XVI, § 5. 19Ohio Const., art. I, § 19a. 20Tex. Const. of 1876, art. XVI, § 26. 21Colo. Const. of 1876, art. 15, § 15. 22Wyo. Const. of 1889, art. 19, § 7. 23Wyo.Const. Of 1889, art. 9, § 4. 24Miss. Const, art. 7, § 193. in cases of fatal and nonfatal injuries.12 Wyoming (1889),13 Kentucky (1890),14 and Arizona (1912)15 followed. Oklahoma made the availability of wrongful death actions in cases for which a plaintiff could have recovered “had death not occurred” part of its constitution in 1907.16 And New York (1894),17 Utah (1896),18 and Ohio (1913)19 prohibited statutory damages maxima in death cases. Indeed, late nineteenth and early twentieth century state constitution makers included an array of specific tort law provisions in their constitutions. Texas’s 1876 constitution provided that those who committed homicides by wilful act and gross neglect were liable for exemplary damages to the decedent’s survivors.20 Colorado’s 1876 constitution barred employers from requiring their employees to waive their tort rights against the employer as a condition of employment.21 Wyoming’s 1889 constitution did the same,22 and also provided for tort actions on behalf of miners injured or killed because of the violation of the constitution’s rules regarding mines and mining.23 Mississippi’s infamous 1890 Jim Crow constitution mandated exceptions to employers’ common law defenses in employers’ liability cases; established the availability of wrongful death actions; and prohibited waivers of tort liability as a condition of employment.24 Oklahoma’s 1907 constitution provided that the defenses of contributory negligence and assumption of the risk were “in all cases whatsoever” a “question of fact” and therefore “at all times” to be