DeRousse v. West
Missouri Court of Appeals
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
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Fugler v. BotheSupreme Court of Missouri · 1893
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3Cited by1 opinion
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925