State ex rel. Simpson v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — -Hon. Charles D. Slewart, Judge. Evidence of a “road crossing east of the depot,” as spoken of by one witness, and of “a crossing near the east end of the depot platform,” as stated by the other witness might be admitted to be true, and yet snch. crossing might not be “a traveled public road,” as it is designated in the statute. Hodges v. Railroad, 71 Mo. 50; Bauer v. Railroad, 69 Mo. 219; State v. Railroad, 19 Mo.
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Appeal from Lewis Circuit Court. — -Hon. Charles D. Slewart, Judge. Evidence of a “road crossing east of the depot,” as spoken of by one witness, and of “a crossing near the east end of the depot platform,” as stated by the other witness might be admitted to be true, and yet snch. crossing might not be “a traveled public road,” as it is designated in the statute. Hodges v. Railroad, 71 Mo. 50; Bauer v. Railroad, 69 Mo. 219; State v. Railroad, 19 Mo. App. 104; Parish v. Railroad, 63 Mo. 284. .
1Opinion of the CourtNortoni, J.
This is a suit in the nature of a qui tarn action for a statutory penalty. Relator is prosecuting attorney. He recovered andi defendant appeals.
It appears Ashford owns a farm in Lewis county through which defendant railroad passes. There is a public road adjacent to this farm on which defendant maintains a public crossing and the evidence is that defendant’s trains frequently passed over the same without either sounding the whistle or ringing the bell as the statute requires. Because of a railroad cut there, which obstructs the view, it is important the signals required should be given upon…
2Cases cited9 opinions
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- State v. St. Joseph, St. Louis & Santa Fe RailroadMissouri Court of Appeals · 1891
- State ex rel. Clinton County v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1885
- Lee v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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3Cited by1 opinion
- State ex rel. Lawrence County v. Grier Land & Mining Co.Missouri Court of Appeals · 1911