Legal Opinion

Bowman v. Chicago & Alton Railroad

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 9 opinions

Appeal from Louisiana Court of Common Pleas.—Hon. Elijah Robinson, Judge. (1) The ordinance regulating the rate of speed of defendant’s engines and trains, and imposing a penalty for running at a greater rate than that prescribed by ordinance did not make a violation of such ordinance-negligence. The penalty was the only consequence which the law imposed. Brown ¶. Railroad, 22 N. Y. 191, and authorities cited.

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Appeal from Louisiana Court of Common Pleas.—Hon. Elijah Robinson, Judge. (1) The ordinance regulating the rate of speed of defendant’s engines and trains, and imposing a penalty for running at a greater rate than that prescribed by ordinance did not make a violation of such ordinance-negligence. The penalty was the only consequence which the law imposed. Brown ¶. Railroad, 22 N. Y. 191, and authorities cited. (2) The ordinance had reference to-running of engines and trains over the streets and public-grounds of the city and not to the working of trains by defendant on its own yard and depot…

1Per curiam

This suit was instituted before a justice of the peace upon the following statement: “ Plaintiff states that the defendant is a corporation, etc., and was on the-day of June, 1882, engaged in operating a railroad in this state, and for a cause of action, says that on the--day of June, 1882, he was the owner of one large black and white sow; that on said day defendant, by the negligence, carelessness, and unskilfulness of its servants, agents, and employes in running of its engine within the limits of the city of Louisiana, Missouri, at an unlawful rate of speed, and in *536violation of an…

2Cases cited6 opinions

  1. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
  2. Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
  3. Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
  4. Spence v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1868
  5. Burham v. St. Louis & I. M. RailroadSupreme Court of Missouri · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hutchinson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
  2. Fisher v. GolladayMissouri Court of Appeals · 1889
  3. Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
  4. Brandenburg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1891
  5. Growney v. Wabash RailroadMissouri Court of Appeals · 1903

4 more not listed; retrieve them via the Exa API.

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