Jackson v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. Jas. Orchard, Special Judge. (1) Tbe case stated in tbe petition was a violation by defendant of a duty imposed upon it by an ordinance of tbe city of West Plains in running a train witbiii tbe limits of tbe city and at a place where persons were in tbe habit of crossing its track at a greater rate of speed than six miles per hour. No such case was proven.
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Appeal from Howell Circuit Court. — Hon. Jas. Orchard, Special Judge. (1) Tbe case stated in tbe petition was a violation by defendant of a duty imposed upon it by an ordinance of tbe city of West Plains in running a train witbiii tbe limits of tbe city and at a place where persons were in tbe habit of crossing its track at a greater rate of speed than six miles per hour. No such case was proven. Por, in tbe first place, deceased was not crossing tbe track, when be was struck and killed, at a place where people were in the habit of crossing or where, so far as tbe record showed, anybody bad…
1Opinion of the CourtBurgess, J.
This is an action by tbe widow of Samuel Jackson, deceased, to recover of defendant tbe sum of five thousand dollars for tbe death of her husband, which occurred June 12, 1895, at West Plains, Missouri, through being struck by one of defendant’s passenger trains as he was walking across the railroad track in its yards at that place.
The petition alleged “that on said day and long prior thereto there was duly passed and in force an ordinance in the said city of West Plains, regulating the speed of railroad trains and cars within the corporate limits of said city, and prohibiting and making it…
2Cases cited52 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
47 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Highfill v. BrownSupreme Court of Missouri · 1960
37 more not listed; retrieve them via the Exa API.