Robertson v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — IIon. John. C. Howell, Judge. (1) Where a city ordinance requires railroad trains while running through the city limits to observe certain rates of speed, a failure to comply with such ordinance is negligence per se. Karle v. E. C., Sí. Jo. & C. B. It. Co., 55 Mo. 476. (2) The running of a heavy freight train at the rate of fifteen or twenty miles an hour over public crossings in a town where people are continually passing, is negligence.
Read the full summary
Appeal from Daviess Circuit Court. — IIon. John. C. Howell, Judge. (1) Where a city ordinance requires railroad trains while running through the city limits to observe certain rates of speed, a failure to comply with such ordinance is negligence per se. Karle v. E. C., Sí. Jo. & C. B. It. Co., 55 Mo. 476. (2) The running of a heavy freight train at the rate of fifteen or twenty miles an hour over public crossings in a town where people are continually passing, is negligence. McPheeters v. H. <&. St. Jo. JR. JR. Co., 45 Mo. 22; Karle ©. K. C., St. Jo. & C. B. It. R. Co., 55 Mo. 476. (3) This…
1Opinion of the Court
Martin, C.
This is a common law action for negligently and carelessly running over and killing a cow belonging to plaintiff, valued at forty dollars. On appeal to the circuit court judgment was recovered by plaintiff as below, from which the defendant brings the case here by appeal. It appears from the evidence that on or about the first day of June, 1881, a freight train of the defendant, with some fifteen or twenty cars, with a caboose at the rear end, was in the evening, before dark, going eastward on the defendant’s track, within the corporate limits of the town of Jamison; that the grade…
2Cases cited2 opinions
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Lynn v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
3Cited by26 opinions
- Jaquith v. WordenWashington Supreme Court · 1913
- Bebout v. KurnSupreme Court of Missouri · 1941
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
21 more not listed; retrieve them via the Exa API.