O'Brien v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. The case is stated in the opinion. I. The charter of the City of Macon is a private act, and is not pleaded. Session Acts, 1872, 436; sect. 3549, Rev. Stat.; Hopkins v. Railroad, 79 Mo. 98; Apitz v. Ry. Co., 17 Mo. App. 419; Wisdom v. Ry. Co., 19 Mo. App. 324. II. The court admitted incompetent testimony (Apitz v. Ry. Co., supra), and excluded competent evidence. Meyers v. Railroad, 57 Iowa 555. III.
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Appeal from Macon Circuit Court, Hon. Andrew Ellison, Judge. The case is stated in the opinion. I. The charter of the City of Macon is a private act, and is not pleaded. Session Acts, 1872, 436; sect. 3549, Rev. Stat.; Hopkins v. Railroad, 79 Mo. 98; Apitz v. Ry. Co., 17 Mo. App. 419; Wisdom v. Ry. Co., 19 Mo. App. 324. II. The court admitted incompetent testimony (Apitz v. Ry. Co., supra), and excluded competent evidence. Meyers v. Railroad, 57 Iowa 555. III. The contributory negligence of plaintiff barred his recovery. Patton v. Railroad, 14 Mo. App. 589; Milburn v. Railroad, Sup. Ct. Mo.,…
1Opinion of the CourtPhilips, P. J.
— This is an action to recover the value of a mule, the property of plaintiff, killed by defendant’s cars inside of the corporate limits of the City of Macon. The petition alleged that said City of Macon is, and was, at the time of the injury, and prior thereto, *14■duly incorporated under and by virtue of the laws of the state of Missouri; and that, by an ordinance adopted by it, December 12, 1878, railroad cars and engines were prohibited from running within the corporate limits of said town at a greater rate of speed than six miles an hour, and the bell on the locomotive was required to be…
2Cases cited6 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- State ex rel. Oddle v. ShermanSupreme Court of Missouri · 1868
- Inhabitants of Butler v. RobinsonSupreme Court of Missouri · 1881
- Apitz v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1885
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3Cited by2 opinions
- Kirby v. Wabash Railway Co.Missouri Court of Appeals · 1900
- Raywinkle v. Southern Coal Co.Supreme Court of Arkansas · 1915