State ex rel. McPherson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Hon. H. G. Timmonds, Judge. (1) The court excluded competent evidence offered by the plaintiff. Mumford v. Wilson, 19 Mo. 669; Donovan v. Railroad, 158 Mass. 450; Briggs v. Grand Trunk Co., 24 N. C. Q. B. 510; State ex rel. v. Railroad, 149 Mo. 104; Railroad v. Owens, 1 Tex. App. 163; Gulf Co. v. Wright, 2 Tex. Civ.
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Appeal from Dade Circuit Court. — Hon. H. G. Timmonds, Judge. (1) The court excluded competent evidence offered by the plaintiff. Mumford v. Wilson, 19 Mo. 669; Donovan v. Railroad, 158 Mass. 450; Briggs v. Grand Trunk Co., 24 N. C. Q. B. 510; State ex rel. v. Railroad, 149 Mo. 104; Railroad v. Owens, 1 Tex. App. 163; Gulf Co. v. Wright, 2 Tex. Civ. App. 463, 21 S. W. 399. (2) The defendant should have been compelled to produce its train sheets, showing the dates on which trains five an six failed to stop at Aurora. Greenburg v. Railroad, 23 Ind". App. 141, 55 N. E. 46; State ex rel. v.…
1Opinion of the CourtSmith, P. J.
This is an action brought by the State at the relation of the prosecuting attorney to recover the penalty prescribed by-section 1075, Revised Statutes. It is stated and not denied that the petition was in one hundred and seventy-eight counts; that each count was identical with that copied into the record here, except as to date. • The statutory violations for which *210the penalty is in each count demanded took place between March 1 and June 30, 1901 and December 1,1901 and January 27, 1902, or, one on each day between the dates just stated.
The count of the petition just referred to alleged that…
2Cases cited4 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Logan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Parish v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1876
- Cole v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1892
3Cited by8 opinions
- Herndon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1910
- E. R. Darlington Lumber Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- City of St. Louis v. Christian Bros. CollegeSupreme Court of Missouri · 1914
- County of St. Louis Ex Rel. Scott v. Marvin Planing Mill Co.Missouri Court of Appeals · 1933
- United States v. St. Louis Southwestern Ry. Co.Court of Appeals for the Fifth Circuit · 1910
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