Harper v. St. Louis Merchants Bridge Terminal Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) The court erred in admitting in evidence the 'ordinance of the city of St. Louis requiring a train to be manned with experienced brakemen at their posts. There was no evidence that the ordinance was violated, and nothing from which it conld he inferred that if it was violated its violation contributed to cause the accident. Hence, it formed no basis for recovery against defendant.
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Appeal from St. Louis County Circuit Court. — Hon. Jno. W. McElhinney, Judge. (1) The court erred in admitting in evidence the 'ordinance of the city of St. Louis requiring a train to be manned with experienced brakemen at their posts. There was no evidence that the ordinance was violated, and nothing from which it conld he inferred that if it was violated its violation contributed to cause the accident. Hence, it formed no basis for recovery against defendant. Karb v. Railroad, 55 Mo. 476; Hanlon v. Railroad, 104 Mo. 381; Barkley v. Railroad, 96 Mo. 367. (2) The court erred in overruling…
1Opinion of the Court
LAMM, J. —
The vital facts of this case are:
J. B. Harper was a sign-tacker. Cass avenue is an east and west thoroughfare in St. Louis, sixty feet be*580tween building lines, and thirty feet from curb to curb. Florida street also runs east and west and lies north of Cass. Appellant operated its switch engines to shift freight cars on tracks which, from the south, crossed Cass avenue on a down-grade with reverse curves and bore to the northeast. At this point was a cluster of tracks, the west one of which concerns the case. Along the west side of this west track, running northeastwardly from Cass…
2Cases cited3 opinions
- Walsh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Swadley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Dahlstrom v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
3Cited by13 opinions
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Messing v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1929
- Bauer v. WoodMissouri Court of Appeals · 1941
- Deschner ex rel. Deschner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1906
- Cornovski v. St. Louis Transit Co.Supreme Court of Missouri · 1907
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