Mockowik v. Kansas City
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Hon. A. M. Woodson, Judge. (1) The second instruction given for defendant which told the jury that defendant had a right to operate its trains at ten miles per hour was erroneous, (a) Because the ten-mile ordinance on its face does not purport to cover that portion of the track where plaintiff received his injuries.
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Appeal from Buchanan Circuit Court.—Hon. A. M. Woodson, Judge. (1) The second instruction given for defendant which told the jury that defendant had a right to operate its trains at ten miles per hour was erroneous, (a) Because the ten-mile ordinance on its face does not purport to cover that portion of the track where plaintiff received his injuries. Therefore, the general ordinances prescribing five miles per hour, and also the special ordinance granting the right of way at the place of the accident and limiting the rate of speed to five miles per hour, were in force and should have…
1Opinion of the CourtLamm, J.
—From a verdict, against him in-an action for personal injuries alleged to have been caused *553by the negligence of defendant in operating a switch engine, plaintiff appeals.
The canse was heard on an amended petition, charging defendant with operating an engine on Fifth street in the city of St. Joseph at a rate of speed denounced by ordinance and in violation of an ordinance requiring a bell to be sounded continuously on a moving locomotive in the city limits, and the rear end of all tenders supplied with a lantern or other light at nighttime. It is alleged that defendant negligently ran its…
2Cases cited10 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by139 opinions
- Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
- Michler v. Krey Packing Co.Supreme Court of Missouri · 1952
- Edouard Legille v. C. Marshall Dann, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1976
- Commonwealth v. VogelSupreme Court of Pennsylvania · 1970
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
134 more not listed; retrieve them via the Exa API.