Lamb v. St. Louis Cable & Western Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John L. Thomas, Judge jpro tempore. The court erred in permitting plaintiff to read rules 4 and 7, of section 2, article 4, chapter 31, of the revised ordinances of the city of St. Louis, of 1881, and also sections 21 and 26 of the same article, chapter and ordinances, and in permitting testimony showing that defendant kept no watchman at the crossing as required by the provisions of these ordinances.
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Appeal from the St. Louis City Circuit Court. — Hon. John L. Thomas, Judge jpro tempore. The court erred in permitting plaintiff to read rules 4 and 7, of section 2, article 4, chapter 31, of the revised ordinances of the city of St. Louis, of 1881, and also sections 21 and 26 of the same article, chapter and ordinances, and in permitting testimony showing that defendant kept no watchman at the crossing as required by the provisions of these ordinances. This was not such railroad as these ordinances applied to. It also erred in permitting plaintiff to offer evidence as to the value of the…
1Opinion of the CourtBiggs, J.
Defendant is the owner of a street railway in the city of St. Louis, known as a cable railroad. On the twelfth of April, 1887, while plaintiff was driving along a street over which defendant’s road is operated, a train *491of cars running on the defendant’s road and in charge of the defendant’s servants, struck plaintiff’s wagon, which resulted in personal injury to plaintiff and also damaged his wearing apparel, wagon, horse and harness.
Plaintiff averred that the collision occurred on account of the failure of the defendant to observe certain rules for the running of street railways, as provided…
2Cases cited2 opinions
- Binicker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Stickford v. City of St. LouisMissouri Court of Appeals · 1879
3Cited by10 opinions
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Subscribers at Casualty Reciprocal Exchange Ex Rel. Dodson v. Kansas City Public Service Co.Missouri Court of Appeals · 1936
- Cameron v. Massachusetts Protective Ass'nMissouri Court of Appeals · 1925
- Robinson v. Commonwealth Casualty Co.Missouri Court of Appeals · 1930
- Eadie v. EadieMontana Supreme Court · 1911
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