Holtkamp v. Chicago Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas of Marion County. — Hon. William T. Ragland, Judge. (1) The demurrer to the evidence should have been sustained because Henry T. Holtkamp deliberately drove his automobile truck diagonally upon the tracks of the defendant company immediately in front of an oncoming engine and train of cars when all of plaintiff’s evidence shows that he had an unobstructed and uninterrupted view of defendant’s tracks to the westward ,the…
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Appeal from the Hannibal Court of Common Pleas of Marion County. — Hon. William T. Ragland, Judge. (1) The demurrer to the evidence should have been sustained because Henry T. Holtkamp deliberately drove his automobile truck diagonally upon the tracks of the defendant company immediately in front of an oncoming engine and train of cars when all of plaintiff’s evidence shows that he had an unobstructed and uninterrupted view of defendant’s tracks to the westward ,the direction from which the train was approaching for a distance of from 800 to 1314 feet. Laun v. St. Louis & San Francisco R. R.…
1Opinion of the Court
On the 3rd day of April, 1917, Henry T. Holtkamp, deceased, was struck and killed by defendant's train, at a public street crossing, in the City of Hannibal, Missouri; plaintiff, his widow, brought this action to recover damages under the provisions of the compensatory death act.
The trial resulted in a judgment for plaintiff for five thousand dollars from which defendant appealed.
The negligence charged in the petition is running said train at a rate of speed in excess of that provided by the city ordinance, to-wit, the rate of thirty miles per hour, while the ordinance provides a rate of six…
2Cases cited16 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lynch v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
- Wolf v. Wabash Railway Co.Missouri Court of Appeals · 1923
- Robnett v. Griesedieck Bros. Brewery Co.Missouri Court of Appeals · 1922