Hudson v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E. Blair, Judge. (1) The petition fails to state a cause of action against the defendant. The defendant being an Electric Railroad Company operating under the trolley system, the provisions of See. 3140, R. S. 1909, do not and cannot apply to defendant company in the operation of its bars. Cowan v. Tel..Co., 149 Mo. App. 566; Henson v. Railroad, 110 Mo.
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Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E. Blair, Judge. (1) The petition fails to state a cause of action against the defendant. The defendant being an Electric Railroad Company operating under the trolley system, the provisions of See. 3140, R. S. 1909, do not and cannot apply to defendant company in the operation of its bars. Cowan v. Tel..Co., 149 Mo. App. 566; Henson v. Railroad, 110 Mo. App. 598; Fallon v. Street Railway, 171 Mass. 249, 50 N. E. 546; Jarvis v. Hitch, 65 N. E. (Ind.) 608; Central Nat’l Bank v. Horse Railway, 13 Allen, 105; Transit Co. v.…
1Opinion of the CourtSturgis, J.
—The plaintiff recovered $150 in the circuit court for damages caused by one of defendant’s interurban electric cars colliding with his horse and buggy at a public crossing between Joplin and Carthage. The cause was commenced in a justice of the peace court, where plaintiff stated his cause of action as follows: “Plaintiff states that defendant is and was at all times hereinafter mentioned a corporation organized under the laws of the State of Missouri and'liable to be sued'as such in the courts of this State, and is in the possession of and operating a line of railway from Joplin in the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Fallon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Jarvis v. HitchIndiana Supreme Court · 1903
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3Cited by6 opinions
- Stem v. Nashville Interurban Ry.Tennessee Supreme Court · 1919
- Franklin & Pittsylvania Railway Co. v. ShoemakerSupreme Court of Virginia · 1931
- Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Gainesville Midland Railroad Co. v. AllenCourt of Appeals of Georgia · 1945
1 more not listed; retrieve them via the Exa API.