Potter v. Hannibal & St. Joseph Railroad

18 Mo. App. 694, 1885 Mo. App. LEXIS 397

• Court: Missouri Court of Appeals
• Decided: July 6, 1885
• Status: Published

Opinion

Opinion by

Hall, J.

The court should have given the declaration of law asked by defendant.

There was no duty imposed by law upon the defendant to ring the bell of the engine or to sonnd its whistle at the place of the accident; and under the facts of this case it was not negligence for the defendant to neither ring the bell nor sonnd the whistle.

As a matter of law no rate of speed is prescribed at which a train may run (Young v. R. R. Co. 79 Mo. 340); and in this case, under the evidence, it was not negligence for the defendant’s train to run ab the rate of twenty-five miles per hour.

For these reasons the judgment of the circuit court is reversed and the cause is remanded.

All concur.