Burger v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L. , Edwards; Judge. (1) ' Tbe defendant’s objection to the introduction of evidence should have been sustained. Tbe petition does not state a cause of action. Two grounds of action are alleged: First. Violation of tbe city ordinance by obstructing tbe crossing over ten minutes. Second. Moving tbe train without sounding tbe whistle, ringing tbe bell or giving other signal, a.
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Appeal from Moniteau Circuit Court. — Hon. E. L. , Edwards; Judge. (1) ' Tbe defendant’s objection to the introduction of evidence should have been sustained. Tbe petition does not state a cause of action. Two grounds of action are alleged: First. Violation of tbe city ordinance by obstructing tbe crossing over ten minutes. Second. Moving tbe train without sounding tbe whistle, ringing tbe bell or giving other signal, a. There is no causal ■connection between tbe first act of negligence alleged, viz., obstructing tbe crossing and tbe injury. Stillson v. Railroad, 67-Mo. 671; Brown v.…
1Opinion of the CourtMacfarlane, J.
Plaintiff who is an infant prosecutes this suit by his next friend to recover damages from defendant for personal injuries resulting from the alleged negligence of its employes.
He obtained judgment in the circuit court and defendant appealed.
After the formal allegations the petition charged in substance that on the third day of May, 1889, defendant negligently and carelessly obstructed the crossing of one of the public streets of the town of California, known as Oak street, by standing one of its *244trains across it more than ten minutes, in violation of an ordinance of said' town; that…
2Cases cited15 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Lester v. SaylesSupreme Court of Missouri · 1993
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Bollman Ex Rel. Sanderson v. Kark Rendering PlantSupreme Court of Missouri · 1967
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
60 more not listed; retrieve them via the Exa API.