Clark v. St. Joseph Terminal Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. The demurrer offered by the defendant at the close of plaintiff’s case and again at the close of defendant’s case should have been sustained: (a). By statute and by ordinance, plaintiff was required to stop the street car being operated by him, not less than ten feet south of the south rail of the Union Depot track at the point where the collision occurred.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. The demurrer offered by the defendant at the close of plaintiff’s case and again at the close of defendant’s case should have been sustained: (a). By statute and by ordinance, plaintiff was required to stop the street car being operated by him, not less than ten feet south of the south rail of the Union Depot track at the point where the collision occurred. R. S. 1909, sec. 3303; Rev. Ordinances of St. Joseph, sec. 1079'. Thd provisions of the statute and of the ordinance are mandatory and imposed a positive duty upon the…
1Opinion of the CourtGraves, J.
Plaintiff sued the St. Joseph Terminal Railroad Company and the St. Joseph Union Depot Company in the circuit court of Buchanan county, to recover compensation for injuries alleged to have been sustained by him because of the negligence of said companies. At the conclusion of the evidence introduced at the trial, plaintiff took a nonsuit as to the Union Depot Company. Verdict was returned in the *582sum of $11,400 against the Terminal Railroad Company and judgment rendered in that amount, from which judgment said Terminal Railroad Company appeals to this court.
Plaintiff was, on the 28th day of…
2Cases cited10 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Gardner v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1893
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
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3Cited by10 opinions
- Coleman v. City of OaklandCalifornia Court of Appeal · 1930
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- State Ex Rel. Thompson v. ShainSupreme Court of Missouri · 1941
- Causey v. WittingSupreme Court of Missouri · 1928
- Carpenter v. KurnSupreme Court of Missouri · 1940
5 more not listed; retrieve them via the Exa API.