Adams Express Co. v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) The court erred in the admission in evidence of Ordinance No. 918 of Kansas City, Missouri. It was a question of law for the court as to which of the two ordinances was in force. Ruschenberg y. Railroad, 161 Mo. 70. Whether or not an ordinance is “reasonable” is a question of law. Neier y. Railway, 12 Mo. App. 25; White v. Railway, 44 Mo. App. 540; Zumault v. Railway, 71 Mo.
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Appeal from Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) The court erred in the admission in evidence of Ordinance No. 918 of Kansas City, Missouri. It was a question of law for the court as to which of the two ordinances was in force. Ruschenberg y. Railroad, 161 Mo. 70. Whether or not an ordinance is “reasonable” is a question of law. Neier y. Railway, 12 Mo. App. 25; White v. Railway, 44 Mo. App. 540; Zumault v. Railway, 71 Mo. App. 670. (2) The court erred in overruling defendant’s demurrer to the evidence at the close of the testimony in the case. Plaintiffs had totally…
1Opinion of the CourtBroaddus, P. J.
The plaintiffs, as president and trustees of the Adams Express Company, a joint-stock association, sue to recover damages alleged to have been caused by the defendant in negligently running one of its cars against a wagon and team of plaintiffs and injuring them. There was a verdict for six hundred dollars, which was reduced by a voluntary remittitur to five hundred and sixty dollars, for which judgment was rendered. The defendant appealed. The grounds alleged for recovery Avere: first, that defendant at the time Avas exceeding the speed limit provided by ordinance in the operation of its…
2Cases cited5 opinions
- Williams v. Bank of MichiganCourt for the Trial of Impeachments and Correction of Errors · 1831
- Nelson v. Hirsch & Sons Iron & Rail Co.Missouri Court of Appeals · 1903
- McGreary v. ChandlerSupreme Judicial Court of Maine · 1870
- Niven v. SpickermanNew York Supreme Court · 1815
- Scribner v. SmithMissouri Court of Appeals · 1904
3Cited by10 opinions
- Clark v. Grand Lodge of the Brotherhood of Railroad TrainmenSupreme Court of Missouri · 1931
- Davison v. FarrMissouri Court of Appeals · 1954
- Haney v. ThomsonSupreme Court of Missouri · 1936
- Metropolitan Street Railway Co. v. Adams Express Co.Missouri Court of Appeals · 1910
- Johnson v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1909
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