State ex rel. Kemp v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. J. M, Davis, Judge, (1) There is a total failure of proof of the legal establishment of the public road mentioned, by any competent authority. Cunningham v. Railroad, 61 Mo. 33 ; Railroad v. Nelson, 62 Mo. 585 ; Ellis v. Pacific, 51 Mo. 200 ; McQuoid v. Lamb, 19 Mo.
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Appeal from Livingston Circuit Court. — Hon. J. M, Davis, Judge, (1) There is a total failure of proof of the legal establishment of the public road mentioned, by any competent authority. Cunningham v. Railroad, 61 Mo. 33 ; Railroad v. Nelson, 62 Mo. 585 ; Ellis v. Pacific, 51 Mo. 200 ; McQuoid v. Lamb, 19 Mo. App. 153 ; Gibson v. Vaioghn, 51 Mo. 418 ; State v. Metzer, 26 Mo. 65; Haggard v. Railroad, 63 Mo. 302 ; Spurloclt v. Dougherty, 81 Mo. 180 ; State v. Dench, 68 Mo. 78; Robinson v. Jones, 71 Mo. '582; Ober v. Pratt, 1 Mo. 80; Southgate v. Railroad, 61 Mo. 89 ; Baurman v. Railroad, 26…
1Opinion of the CourtRay, J.
This action was instituted and conducted by the prosecuting attorney of Livingston county, Missouri, in the name of the state of Missouri, at the relation of Thomas H. Kemp, as such prosecuting attorney, upon the information of John Hudgins, informer, to recover the penalty prescribed by section 806, Revised Statutes, T879, for a failure on the part *575•of the defendant to ring a bell or sound a whistle at .a certain public crossing, on the railroad of defendant, in Livingston county, Missouri. The proceeding was commenced in said county, before a justice of the peace, where plaintiff had…
2Cited by2 opinions
- State ex rel. Kemp v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- State ex rel. Kemp v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1889