Legal Opinion

Hickman v. Union Depot Railroad

Missouri Court of Appeals

Decided November 24, 1891PublishedCited by 13 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. It is the duty of a person before driving across the tracks of an electric railway to look and listen for approaching motor cars and to stop, if necessary, to avoid collision. Defendant’s first instruction refused should have been given.

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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. It is the duty of a person before driving across the tracks of an electric railway to look and listen for approaching motor cars and to stop, if necessary, to avoid collision. Defendant’s first instruction refused should have been given. Harlan v. Railroad, 64 Mo. 480; Fletcher v. Railroad, 64 Mo. 484, and authorities there cited; Henze v. Railroad, 71 Mo. 636; Stepp v. Railroad, 85 Mo. 229; Damrill v. Railroad, 27 Mo. App. 202; Burbridge v. Railroad, 36 Mo, App. 670. And, if a person fails to look and listen and is…

1Opinion of the CourtBiggs, J.

The defendant owns and operates an electric street railway in the city of St. Louis. The ordinances of the city, conferring the right to the use of the streets, among other restrictions, prohibit the defendant from running its cars at a greater rate of speed than fifteen miles an hour.' The road has a double track, and it extends north and south along the center of California avenue. This avenue is sixty feet wide, and is intersected at right angles by Keokuk street, of like width. On the night of October 11, 1890, the plaintiff’s son, while driving the plaintiff’s horse and buggy, attempted…

2Cited by13 opinions

  1. Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
  2. Citizens' Rapid Transit Co. v. SeigristTennessee Supreme Court · 1896
  3. Marchal v. Indianapolis Street Railway Co.Indiana Court of Appeals · 1901
  4. Moore v. St. Louis Transit Co.Missouri Court of Appeals · 1902
  5. Rissler v. St. Louis Transit Co.Missouri Court of Appeals · 1905

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