City of Brentwood v. Nalley

• Decision Date: 17 February 1948
• Docket Number: 27298
• Citation: 208 S.W.2d 838
• Parties: CITY OF BRENTWOOD v. NALLEY
• Court: Missouri Court of Appeals

208 S.W.2d 838

CITY OF BRENTWOOD v. NALLEY

No. 27298

Court of Appeals of Missouri, St. Louis

February 17, 1948

'Not to be reported in State Reports.'

Richard K. Nalley, of St. Louis, for appellant.

Malcolm L. Bartley, of St. Louis, for respondent.

OPINION

ANDERSON

Appellant Charles E. Nalley, was convicted in the Circuit Court of St Louis County of Violating a city ordinance of the City of Brentwood. The case reached the circuit court on appeal from the Police Court of the City of Brentwood.

Charles E. Nalley was arrested by police officers of the City of Brentwood on the 4th day of April, 1946, and was charged with operating and driving a motor vehicle on Brentwood Boulevard in said city in excess of the speed limit established by Section 332 of Ordinance No. 663 of said City of Brentwood.

Said section of the ordinance is as follows:

'Section 332. Careless Driving. Speed: (a) Every person operating a motor vehicle or street railway car on the streets of this city shall operate or drive the same in a careful and prudent manner, and in the exercise of the highest degree of care, and at a rate of speed so as not to endanger the property of another or the life or limb of any person, taking into consideration the time of day, the amount of vehicular traffic and pedestrian traffic, the condition of the street or highway, the atmospheric conditions and the location with reference to intersecting streets or highways, curves, residences or schools.

'(b) No person shall operate or drive a motor vehicle (except emergency vehicles on emergency runs) or street railway car on any street, boulevard or thoroughfare in this city, at any time at a rate of speed in excess of twenty (20) miles per hour, excepting therefrom Manchester Road and Brentwood Boulevard, upon and over which such rate of speed shall be not in excess of thirty (30) miles per hour.

'(c) No person shall operate or drive a motor vehicle or street car in a legally designated, congested district within this city at a rate of speed in excess of twenty (20) miles per hour, or in a legally desginated school zone within this city at a rate of speed in excess of fifteen (15) miles per hour.'

When the case was called for trial, defendant pleaded not guilty.

Plaintiff called as witnesses police officers Charles Vernon Schmitz and Fred O. Lain, who testified in effect that on the 4th day of April, 1946, the defendant drove an automobile northwardly along Brentwood Boulevard in the City of Brentwood at a speed of forty miles per hour, and that they arrested him. These witnesses were not cross-examined, and the City of Brentwood, without presentation of further evidence, closed its case.

Defendant then moved for a dismissal, and for grounds thereof cited and relied on paragraph (a) of Section 8395, R.S.Mo. 1939, as amended by the laws of 1943, page 660, Mo.R.S.A. § 8395. Said paragraph of said section is as follows:

'(a) Municipalities may, by ordinance, establish reasonable speed regulations for motor vehicles within the limits of such municipalities: Provided, however, that no person who is not a resident of such municipality and who has not been within the limits hereof for a continuous period of more than forty-eight (48) hours, shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such municipality joins or crosses any highway a sign displaying in black letters not less than four (4) inches high and one (1) inch wide on a white background the speed...