Langley v. Hines
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. Almon Ing. Judge. (1) The court erred in permitting the city ordinance to be read in evidence to the jury. This ordinance-only made it a misdemeanor for the engineer or one having charge of an engine to fail to ring the bell or sound the whistle before crossing the street.
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Appeal from Butler Circuit Court. — Hon. Almon Ing. Judge. (1) The court erred in permitting the city ordinance to be read in evidence to the jury. This ordinance-only made it a misdemeanor for the engineer or one having charge of an engine to fail to ring the bell or sound the whistle before crossing the street. Plaintiff does not base his cause of action on sec. 3140, R. S. 1909. Yandeventer v. Railroad, 32 N. E. 636; Beisigegel v. Railroad, 40 N. Y. 9; Weber v. Railroad, 58 N. Y., 459; Biggs v. Railroad, 72 N. Y., $6.. (2) Where the view is obstructed it is the duty of one about to cross a…
1Opinion of the CourtBradley, J.
-Plaintiff was injured and his automobile damaged while attempting to cross Park Avenue in the city of Poplar Bluff on June 15, 1919. Plaintiff alleged the failure to sound the whistle or ring the bell, and also the failure to observe an eight mile speed ordinance in force in said city. The answer was a general denial and a plea of contributory negligence. A jury trial resulted in a verdict for $300 for personal injury, and $100 for damages to the automobile. Failing to get a new trial defendant appealed.
Plaintiff was on Park Avenue in a Ford automobile approaching the crossing from the East…
2Cases cited2 opinions
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Bailey v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
3Cited by2 opinions
- Dobson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1928
- Wallace v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1924