Nicholas v. Chicago, Burlington & Quincy Railroad

This is an action for damages by the owner of a refrigerator truck. It is alleged that the truck was demolished and the cargo damaged as the result of the primary negligence of the defendant in the operation of one of its trains. Plaintiff recovered judgment for $2,000, from which defendant appeals.

Plaintiff’s petition is founded solely on primary negligence: (a) Defendant’s violation of an ordinance of city of Cameron, Missouri, prohibiting the running of a train within the city limits in excess of the rate of speed of 15 miles per hour; (b) defendant operated its train at a high and…