City of Plattsburg v. Hagenbush
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Ho». A. D. Burnes, Judge. (1) The ordinance under which defendant was convicted is unreasonable, oppressive and void, and the court should have so declared it. White v. Railroad, 44 Mo. App. 540; Zumault v.- Air Line; 71 Mo. App. 670; Evison v. Railroad, 45 Minn. 370; Meyers v. ítailroad, 57 Iowa 555; Burg y. Railroad, 90 Iowa. 106; City v. Tel. Co., 96 Mo. 623; Trenton v. Clayton, 50 Mo. App. 535; Corrigan v. Gage, 68 Mo. 541; Skinker y.
Read the full summary
Appeal from Clinton Circuit Court. — Ho». A. D. Burnes, Judge. (1) The ordinance under which defendant was convicted is unreasonable, oppressive and void, and the court should have so declared it. White v. Railroad, 44 Mo. App. 540; Zumault v.- Air Line; 71 Mo. App. 670; Evison v. Railroad, 45 Minn. 370; Meyers v. ítailroad, 57 Iowa 555; Burg y. Railroad, 90 Iowa. 106; City v. Tel. Co., 96 Mo. 623; Trenton v. Clayton, 50 Mo. App. 535; Corrigan v. Gage, 68 Mo. 541; Skinker y. Heman, 64 Mo. App. 451; Traction Co. v. City, 71 N. Y. Sup. 977. (2) The court erred in admitting in evidence ordinance…
1Opinion of the CourtSmith, P. J.
The plaintiff is a city of the fourth class. The complaint in substance alleged that the defendant, a conductor on the Atchison, Topeka & Santa Fe Railway — a corporation — run the said train through said city at a greater rate of speed than six miles per hour, contrary to the provisions of section 1, of ordinance number 130 of said city, etc. Said ordinance declared that “it shall be unlawful for any railroad *671company or conductor, engineer, agent or any employee of a railroad company, or other person managing or controlling any locomotive engine, car or train of cars, to run the same within…
2Cases cited9 opinions
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- Evison v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
- Corrigan v. GageSupreme Court of Missouri · 1878
- v. MeeksSupreme Court of Missouri · 1885
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Brown v. Alton R.R. Co. and SlatterMissouri Court of Appeals · 1941
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Murrell v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1919
- Lusk v. Town of DoraDistrict Court, N.D. Alabama · 1915
1 more not listed; retrieve them via the Exa API.