Judd v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court, Hon. James M. Davis, Judge. Statement of case by tbe court. Tbis is an action begun in tbe Carroll circuit court against tbe defendant, a railroad corporation, to recover damages for tbe injury to two borses, a buggy and harness, tbe property of plaintiff. Tbe petition alleges that the accident occurred in tbe town of Norborne, a municipal corporation, in Carroll county.
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Appeal from Carroll Circuit Court, Hon. James M. Davis, Judge. Statement of case by tbe court. Tbis is an action begun in tbe Carroll circuit court against tbe defendant, a railroad corporation, to recover damages for tbe injury to two borses, a buggy and harness, tbe property of plaintiff. Tbe petition alleges that the accident occurred in tbe town of Norborne, a municipal corporation, in Carroll county. Tbe injury is alleged to have resulted from tbe negligence and carelessness of defendant’s servants in charge of one of its passenger trains, in running the train against said horses and…
1Opinion of the CourtPhilips, P. J.
I. The sole issues in this case were, first, was there any culpable act of negligence on the part of the servants of defendant in charge of the train \ and, second, was there any necessary or reasonable connection between the negligent act and the injury %
The principal act of negligence relied on by plaintiff is the fact that defendant,. at the time of the collision, was running its train at a greater rate of speed than four miles an hour, in violation of an ordinance of the town of Norborne. Such an ordinance was offered and read in evidence by plaintiff, over the' objection bl defendant.…
2Cases cited4 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- State ex rel. Oddle v. ShermanSupreme Court of Missouri · 1868
- Riley v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by9 opinions
- McFadin v. CatronSupreme Court of Missouri · 1894
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
- Fusili v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
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