State ex rel. Clinton County v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. G-eo. W. Dunn, Judge. Statement of case by the. court. This action was commenced before a justice of the peace in Clinton county, on the sixtéenth day of September, 1882, by filing a complaint, stating plaintiff’s cause of action, as follows: “The plaintiff states, that the defendant is a railway corporation, duly incorporated under the laws of Illinois and Iowa.
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Appeal from Clinton Circuit Court, Hon. G-eo. W. Dunn, Judge. Statement of case by the. court. This action was commenced before a justice of the peace in Clinton county, on the sixtéenth day of September, 1882, by filing a complaint, stating plaintiff’s cause of action, as follows: “The plaintiff states, that the defendant is a railway corporation, duly incorporated under the laws of Illinois and Iowa. That defendant, at and before the time of committing the grievance hereinafter charged, to-wit, on the fourteenth day of September, was in the possession of, and operating, a certain railway…
1Opinion of the CourtEllison, J.
The proof in thifj case, fails to show the crossing at which the failure to ring the bell or sound the whistle occurred, “was a traveled public road.” The statute is penal, and “it should be strictly construed, and so as not to enlarge the liability it imposes, nor allow a recovery, unless the party seeking it, brings his case strictly within the terms or conditions authorizing it.” Parish v. Ry. Co., 63 Mo. 284.
Evidence of a “road crossing east of the depot,” as spoken of by one witness, and of “a crossing near the east end of the depot platform,” as stated by the other witnesses, might be…
2Cases cited3 opinions
- Parish v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1876
- Bauer v. Kansas Pacific Railway Co.Supreme Court of Missouri · 1878
- Hodges v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1879
3Cited by6 opinions
- Lynch v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1933
- United States v. St. Louis Southwestern Ry. Co.Court of Appeals for the Fifth Circuit · 1910
- McGraw v. MontgomeryMissouri Court of Appeals · 1944
- Scott v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Alabama Great Southern R. R. v. FowlerSupreme Court of Georgia · 1898
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