Hudson v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E. Blair, Judge. (1) The petition fails to state a cause of action against the defendant. The defendant being an Electric Railroad Company operating under the trolley system, the provisions of See. 3140, R. S. 1909, do not and cannot apply to defendant company in the operation of its bars. Cowan v. Tel..Co., 149 Mo. App. 566; Henson v. Railroad, 110 Mo.
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Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E. Blair, Judge. (1) The petition fails to state a cause of action against the defendant. The defendant being an Electric Railroad Company operating under the trolley system, the provisions of See. 3140, R. S. 1909, do not and cannot apply to defendant company in the operation of its bars. Cowan v. Tel..Co., 149 Mo. App. 566; Henson v. Railroad, 110 Mo. App. 598; Fallon v. Street Railway, 171 Mass. 249, 50 N. E. 546; Jarvis v. Hitch, 65 N. E. (Ind.) 608; Central Nat’l Bank v. Horse Railway, 13 Allen, 105; Transit Co. v.…
1Dissent
*626DISSENTING OPINION.
ROBERTSON, P. J.
—What is now section 3140, Revised Statutes 1909, concerning signals to be given at railroad crossings, originated in the Act of February; 1853 (Session Acts 1853, p. 21, sec. 46), and was carried unchanged into the Revision of 1855, page 436, as section 47, reading as follows:
“ See. 47. A bell shall be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad shall cross any traveled public road or street, and be kept ringing until it shall have crossed such road or street; or a steam whistle shall…
2Cases cited30 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
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