Mulderig v. St. Louis, Kansas City & Colorado Railroad
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — Hon. H. W. Johnson, Judge. (1) The court erred in admitting in evidence section 1753 of the Municipal Code of St. Louis, McQuillin, 1901, because not pleaded and because a violation of it was not the proximate cause of the plaintiff’s injuries. Eisenberg v. Railroad, 33 Mo. App. 85; State ex rel. v. Railroad, 46 Mo. App. 466; Judd v. Railroad, 23 Mo*. App. 56; Danker v. Goodwin Mfg.
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Appeal from St. Charles Circuit Court. — Hon. H. W. Johnson, Judge. (1) The court erred in admitting in evidence section 1753 of the Municipal Code of St. Louis, McQuillin, 1901, because not pleaded and because a violation of it was not the proximate cause of the plaintiff’s injuries. Eisenberg v. Railroad, 33 Mo. App. 85; State ex rel. v. Railroad, 46 Mo. App. 466; Judd v. Railroad, 23 Mo*. App. 56; Danker v. Goodwin Mfg. Co., 102 Mb'. App. 723, 77 S. W. 338; Welch v. Railroad, 26 Mo*. App. 358; Robertson v. Railroad, 84 Mo. 119. (2) The court erred in admitting over objection of the…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The defendant railroad company contends that as the petition does not allege that it violated city ordinance No. 1753, it was error to admit it in evidence for the purpose of proving the company guilty of negligence in failing to have a man stationed on the back end of the train. The petition alleges negligence, generally. The action is not based upon any ordinance or statute but is at common law. The authorities in this State are all one way that an ordinance of a city, which forms the basis of an action, must be specially pleaded, and if not pleaded cannot be…
2Cases cited10 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Duerst v. St. Louis Stamping Co.Supreme Court of Missouri · 1901
- Robertson v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Lesser v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Seay v. PlunkettSupreme Court of Oklahoma · 1914
- Hales v. RainesMissouri Court of Appeals · 1911
- Owens v. McClearySupreme Court of Missouri · 1926
12 more not listed; retrieve them via the Exa API.