Rollinson v. Lusk
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. (1) The demurrer to the evidence should have been sustained, and the peremptory instruction requested by defendants at the close of the whole case should have been given, (a) No negligence in the running of the train was shown. In the absence' of statutory or ordinance regulation fixing a speed limit, no rate of speed over a public crossing is negligence per se.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. (1) The demurrer to the evidence should have been sustained, and the peremptory instruction requested by defendants at the close of the whole case should have been given, (a) No negligence in the running of the train was shown. In the absence' of statutory or ordinance regulation fixing a speed limit, no rate of speed over a public crossing is negligence per se. Maher v. Railroad, 64 Mo. 267, 275; Burge v. Railroad, 244 Mo. 76, 103. The evidence fails to show that the necessary prerequisites to set in motion…
1Opinion of the CourtBecker, J.
Plaintiff instituted her suit in the circuit court of the city of St. Louis against the receivers of the defendant railroad company to recover damages for the death of her minor daughter, Dorothy Rollinson, the petition alleging that said daughter had been negligently killed at the railroad crossing of Knox avenue, a street in the city of St. Louis, on August 25, 1916, by a train operated by defendants.
Of the pleadings it is sufficient to state that the petition as one for simple negligence in the alleged violation of a speed ordinance of the city of St. Louis, which limits-the running of…
2Cases cited8 opinions
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- State ex rel. Dunham v. EllisonSupreme Court of Missouri · 1919
- Gratz v. City of KirkwoodMissouri Court of Appeals · 1914
- Smelser v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1914
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3Cited by2 opinions
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- Moore v. DavisMissouri Court of Appeals · 1922