State ex rel. Ray County v. Chicago, Santa Fe & California Railway Co.
Missouri Court of Appeals
Appeal from the Ray County Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) The informer is liable for costs in the actions. In re Green, 40 Mo.
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Appeal from the Ray County Circuit Court. — Hon. Jas. M. Sandusky, Judge. (1) The informer is liable for costs in the actions. In re Green, 40 Mo. App. 491. (2) Suits to recover the statutory penalty for failure to give signals at a crossing are suits which can be joined, as contemplated by section 6224, Revised Statutes, 1889. The State ex rel. v. Railroad, 89 Mo. 571. (3) The defendant’s-rights to have the costs re taxed is conclusively established by the case of Maberry v. Railroad, 83 Mo. 664.. There the identical statute in controversy was construed, and the court held that, although no…
1Opinion of the CourtEllison, J.
This was an action instituted before a justice of the peace on July 26, 1888, to recover the statutory penalty for alleged failure to ring the bell or sound the whistle on the defendant’s train as it passed a public crossing, A trial was had before a justice of the peace on August 16, 1888, and judgment rendered for the plaintiff. On the same day the defendant took an appeal to the circuit court of Ray county. At the October term following, the following stipulation was entered into between plaintiff and defendant: “It is stipulated and agreed, by and between the parties hereto, that all…
2Cases cited1 opinion
- State ex rel. Kemp v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888