Lord v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Geo. W. Dunn, Judge. The mere fact that a passenger train was run through the outskirts of a town, at a point where even the streets were 900 feet apart, aud where, so far as the evidence shows, there were neither houses nor people, is not, of itself, negligence, or evidence from which negligence may be inferred. Aside from statutory or municipal regulation, no rate of speedds negligent per se.
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Appeal from Clinton Circuit Court. — Hon. Geo. W. Dunn, Judge. The mere fact that a passenger train was run through the outskirts of a town, at a point where even the streets were 900 feet apart, aud where, so far as the evidence shows, there were neither houses nor people, is not, of itself, negligence, or evidence from which negligence may be inferred. Aside from statutory or municipal regulation, no rate of speedds negligent per se. Powell v. Railway Co., 76 Mo. 80; Maher v. Railroad Co., 64 Mo. 267 ; Bell v. Railroad Co., 72 Mo. 50, 61; Wallace v. Railway Co., 74 Mo. 594; Goodwin v.…
1Opinion of the Court
Philips, C.
This action was begun in a justice’s court, in Clinton county, based on the following statement:
“ Plaintiff’ states that on or about the 5th day of December, 1880, defendant did, in Lathrop township, in the county of Clinton, State of Missouri, by its agents, and engines and cars, negligently strike, beat, bruise, wound and kill one four-year-old cow, the same being the property of plaintiff, and reasonably worth the sum of $35, for which he asks judgment, with his costs in this suit expended.” Judgment for plaintiff, from which the defendant appealed to the circuit court, with a…
2Cases cited5 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
3Cited by4 opinions
- Ravenscraft v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Flannery v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
- Sloop v. Saint Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
- Campbell v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894