Legal Opinion

DeRousse v. West

Missouri Court of Appeals

Decided January 26, 1918PublishedCited by 1 opinion

Appeal from the Circuit Court of Perry County. — Hon. Peter H. Huck, Judge. (1) The two sections of the ordinance read in evidence on the part of plaintiff are unreasonable and oppressive and constitute a burden upon interstate commerce, and deprive defendants of the equal protection of the law, and especially the section requiring a watchman to be stationed on the advancing end of a locomotive of all moving trains. 2 Dillon on Municipal Corporations (5 Ed.), sections…

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Appeal from the Circuit Court of Perry County. — Hon. Peter H. Huck, Judge. (1) The two sections of the ordinance read in evidence on the part of plaintiff are unreasonable and oppressive and constitute a burden upon interstate commerce, and deprive defendants of the equal protection of the law, and especially the section requiring a watchman to be stationed on the advancing end of a locomotive of all moving trains. 2 Dillon on Municipal Corporations (5 Ed.), sections 589-592, and the many cases cited from this and other States; St. Louis v. Theatre Company, 202 Mo. 690, 118 U. S. 356. The…

1Opinion of the CourtBecker, J.

In this case the respondent, plaintiff below, recovered a judgment for $5000 for personal *299injuries received by him in a collision between one of appellants’ locomotives and a wagon in which plaintiff was ■ riding. The defendants in due course bring this appeal.

Plaintiff’s petition seeks to recover on the following grounds:

First: The violation of an ordinance of the city of St. Marys, Missouri, limiting the speed of freight trains to. six miles per hour.

Second: The violation of an ordinance of the city of St. Marys, requiring a watchman to be stationed on the advancing end of all locomotives,…

2Cases cited13 opinions

  1. Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
  2. Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
  3. Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
  4. Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
  5. Fugler v. BotheSupreme Court of Missouri · 1893

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

3Cited by1 opinion

  1. Heigold v. United Railways CompanySupreme Court of Missouri · 1925

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