Legal Opinion

Haley v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided June 1, 1906PublishedCited by 21 opinions

Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. The court erred in sustaining plaintiff’s motion to set aside the nonsuit.

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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferriss, Judge. The court erred in sustaining plaintiff’s motion to set aside the nonsuit. McHugh v. Eailroad, 88 S. W. 855; Maher v. Eailroad, 64 Mo. 275; Petty v. Eailroad, 179 Mo. 674; Coatney v. Eailroad, 151 Mo. 35; Bank v. Trust Co., 179 Mo. 660; Ottomeyer v. Pritchett, 178 Mo. 165; McCauley v. Eailroad, 179 Mo. 592; Ledwidge v. Eailroad, 73 S. W. 1009; Sindlinger v. City of Kansas, 126 Mo. 327; Turner v. Eailroad, 74 Mo. 607; Cilbert v. Eailroad, 128 Fed. 533; Fellenz v. Eailroad, 80 S. W. - 49; Culbertson v. Eailroad, 140 Mo.…

1Opinion of the CourtValliant, J.

Defendant has a railroad track extending from the south along the wharf or levee, as it is usually called, turning west into Poplar street, *18thence along Poplar street west to a distant point in the city. While the plaintiff, on February 12, 1901, was driving a two-horse wagon in Poplar street a locomotive drawing a freight train on defendant’s road struck the wagon, causing the plaintiff to be thrown therefrom and severely injured.

In the petition it is stated that there was at that time a city ordinance forbidding the running of a locomotive or train on a steam railroad in the city at a…

2Cases cited3 opinions

  1. Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
  2. McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
  3. Cole v. ArmourSupreme Court of Missouri · 1900

3Cited by21 opinions

  1. State Ex Rel. Fleming v. BlandSupreme Court of Missouri · 1929
  2. Krause v. PitcairnSupreme Court of Missouri · 1942
  3. State Ex Rel. Thompson v. ShainSupreme Court of Missouri · 1941
  4. Thompson v. GipsonSupreme Court of Missouri · 1955
  5. Hillis v. Home Owners' Loan Corp.Supreme Court of Missouri · 1941

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