Adams v. St. Louis & S. F. R. Co.

Decision Date07 July 1910
Citation149 Mo. App. 278,130 S.W. 48
PartiesADAMS v. ST. LOUIS & S. F. R. CO.
CourtMissouri Court of Appeals

Appeal from Circuit Court, Pemiscot County; Henry C. Riley, Judge.

Action by Lewis Adams against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.

W. F. Evans and Moses Whybark, for appellant. Ward & Collins, for respondent.

COX, J.

This is an action to recover damages for personal injuries to plaintiff alleged to have been caused by one of defendant's employés choking, shoving, and knocking plaintiff from the steps of a passenger train operated by defendant. Trial by jury, verdict for plaintiff for punitive damages in the sum of $100, and defendant has appealed.

The petition alleged that on the night of September 21, 1908, at Portageville, Mo., a station of defendant's railroad, the respondent went upon the steps of the defendant's passenger train to go to St. Louis, and while he was on the steps and platform preparatory to entering a passenger coach, and while the train was in motion, the brakeman with out warning choked, shoved, and struck him, knocking him off the steps and platform of the train to and against the depot platform, wounding and bruising his right knee and otherwise injuring him; and that he was insulted and humiliated in consequence, by reason of which he sustained $1,000 actual damages, and further claims $1,000 punitive damages.

The evidence on the part of plaintiff tends to show the facts to have been about as follows: On the night of September 21, 1908, respondent, Lewis Adams, went to the railroad station of appellant in the town of Portageville, New Madrid county, Mo., for the purpose of taking passage on defendant's passenger train to the city of St. Louis. Appellant's train was due at Portageville about 1:09 a. m. Respondent got to the depot of appellant about 10 minutes before train time, and immediately went into the ticket office of appellant in said depot and undertook to purchase a ticket to St. Louis, but the agent was not in, and he was unable to purchase a ticket. He then went out, sat down, and was talking with one Vaughan until the train came up. After the train had stopped for the purpose of receiving passengers, respondent attempted to get on, but the brakeman refused to allow him to get on without a ticket. Respondent started back to the ticket office for the purpose of purchasing a ticket, but before he even had time to get to the ticket office of appellant, the train started to leave the station on its route to St. Louis. Respondent, seeing the train was leaving him, picked up his grip and started to get on the train. He got on the steps of the passenger coach, and just as he was undertaking to ascend the steps of the passenger coach, appellant's brakeman caught respondent by the throat, hit him with his fist, then knocked him off the steps and struck at him with his lantern, and while assaulting him the brakeman cursed him and called him a vile name. When respondent was knocked off the steps, the train was moving, and by reason of being thrown from the steps onto the platform his right knee was skinned and bruised, and was sore for a week or two. The evidence further shows that when respondent first undertook to get on the train and was forbidden by the brakeman, he told the brakeman that he had money to pay his fare, took nine dollars out of his pocket and showed it to the brakeman. The evidence for defendant contradicts plaintiff as to the circumstances of...

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18 cases
  • Lampe v. United Railways Company of St. Louis
    • United States
    • Court of Appeal of Missouri (US)
    • 30 d5 Julho d5 1920
    ...this case, and the failure of plaintiff to prove that he was a passenger was not fatal to a recovery." The decision as to this matter in the Adams case we regard sound, and we think that it is entirely in keeping with the rule respecting proof of unnecessary allegations in a petition, as sh......
  • Carnes v. Thompson
    • United States
    • United States State Supreme Court of Missouri
    • 2 d6 Abril d6 1932
    ...and therefore defendant cannot complain of it. Courtney v. Blackwell, 150 Mo. 245, 51 S. W. 668; Adams v. St. Louis & San Francisco R. R. Co., 149 Mo. App. 278, 130 S. W. 48; Roney v. Organ, 176 Mo. App. 234, 161 S. W. 868. In those cases, however, judgment was entered on the verdict for pl......
  • State v. Allen
    • United States
    • United States State Supreme Court of Missouri
    • 10 d1 Abril d1 1922
    ...he was a passenger, or find the facts necessary to constitute the relation of passenger and carrier. "In Adams v. St. Louis & San Francisco R. R. Co., 149 Mo. App. 278, 130 S. W. 48, plaintiff, seeking to recover for an assault made upon him by defendant's brakeman, alleged that he was a pa......
  • Carnes v. Thompson
    • United States
    • United States State Supreme Court of Missouri
    • 2 d6 Abril d6 1932
    ...... excess of $ 7,500. This appeal determines plaintiff's. right to have a new trial for the whole amount claimed. Manche v. St. Louis Basket & Box Co. (Mo. Sup.) 262. S.W. 1021; Burke v. Pappas, 316 Mo. 1235, 293 S.W. 142. . .          Defendant's. contention is that ... defendant, and therefore defendant cannot complain of it. Courtney v. Blackwell, 150 Mo. 245, 51 S.W. 668;. Adams v. St. Louis & San Francisco R. R. Co., 149. Mo.App. 278, 130 S.W. 48; Roney v. Organ, 176. Mo.App. 234, 161 S.W. 868. In those cases, however, ......
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