Hale v. St. Joseph Railway, Light, Heat & Power Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. L. A. Vories, Judge. Defendant’s instruction 1 is erroneous. It sets up a different measure of duty for the motorman than that prescribed in the ordinance requiring a vigilant watch for vehicles or persons moving towards the track, and requiring the going to be rung in quick succession on approaching any carriage or person. This instruction excuses the motorman from sounding the gong in quick succession until there is actual danger.
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Appeal from Buchanan Circuit Court. — Hon. L. A. Vories, Judge. Defendant’s instruction 1 is erroneous. It sets up a different measure of duty for the motorman than that prescribed in the ordinance requiring a vigilant watch for vehicles or persons moving towards the track, and requiring the going to be rung in quick succession on approaching any carriage or person. This instruction excuses the motorman from sounding the gong in quick succession until there is actual danger. This is not the law. The ordinance requires a warning signal in quick succession on approaching any person whether in…
1Opinion of the Court
Suit for personal injuries arising from collision with defendant's street car in the City of St. Joseph.
The petition alleged: That on January 30, 1918, plaintiff was driving a horse and wagon across defendant's railway tracks on Lafayette Street between 16th and 17th Streets. That before plaintiff had an opportunity to entirely cross said tracks, and without any signal, warning or notice to plaintiff, defendant's servants negligently and unlawfully ran one of defendant's street cars against the wagon in which plaintiff was riding, with great force and violence, whereby plaintiff was thrown…
2Cases cited7 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- State Ex Rel. Weddle v. TrimbleSupreme Court of Missouri · 1932
- Anderson v. DavisSupreme Court of Missouri · 1926
- Rhineberger v. ThompsonSupreme Court of Missouri · 1947
3 more not listed; retrieve them via the Exa API.