Buddenberg v. Charles P. Chouteau Transp. Co.

Decision Date22 December 1891
Citation108 Mo. 394,18 S.W. 970
PartiesBUDDENBERG v. CHARLES P. CHOUTEAU TRANSP. CO.
CourtMissouri Supreme Court

Appeal from St. Louis circuit court; D. D. FISHER, Judge.

Action by Annie Buddenberg against the Charles P. Chouteau Transportation Company for the wrongful death of plaintiff's husband. Judgment for plaintiff. Defendant appeals. Reversed.

E. T. & C. B. Allen, for appellant. Paul H. Bierman, Thos. Thoroughman, and J. K. Hansbrough, for respondent.

BLACK, J.

The plaintiff brought this suit to recover damages for the death of her husband, caused, it is alleged, by the negligence of the defendant. A society of some 800 or 1,000 persons chartered the defendant's steamer for an excursion on the 4th of July, 1887. They sold to William Buddenberg, the deceased, the right to maintain a bar and restaurant on the boat and pleasure grounds. The boat returned to St. Louis that night between 10 and 11 o'clock, and landed at what is called the "Diamond Joe Wharf-Boat," which was a different place from which the boat departed in the morning. The wharf-boat was a long, covered structure, boarded down to within 7 feet of the floor. There were two openings on the river side, one 14 feet wide and the other 10 or 12 feet wide, separated only by a post. The small one was down the river from the other, and was constructed so as to be closed with guard-rails, but the rails or bars were down when the steamer landed and discharged her passengers. There were guards on either side of these openings to protect persons and property. The gang-plank was extended from the steam-boat to the large opening of the wharf-boat. The evidence for the plaintiff tended to show that the electric lights of the steamer were turned off immediately after the passengers had landed; that there were then no lights on the steamer or wharf-boat, save a small lantern, which was too far away to be of any assistance; that, at the time the electric lights were turned off, Buddenberg's barkeepers and waiters had removed most, but not all, of his goods and bar furniture to the wharf-boat; that Buddenberg was on the wharf-boat, giving directions as to loading his property on a wagon. The evidence of one witness for the plaintiff, taken by itself, rather tends to show that Buddenberg started back to the steamer, and in doing so missed the gang-plank, and fell off at the opening designed to be closed by guard-rails. The great mass of the evidence, however, is to the effect that he did not start back to the steamer, but was standing or moving about close to the opening, and fell over and was drowned. The evidence for the defendant tends to show that the electric lights were not turned off until Buddenberg had all of his effects on the wharf-boat; that there were three lamps on the steamer, one on each side of the gang-plank and one on the capstan; and that there were two lights on the wharf-boat, one at each end. There was a fair moon-light, but another steamer at the wharf obstructed that light at this landing. It is conceded on all hands that Buddenberg had been drinking, but a number of persons say he had full possession of his faculties. On the other hand, a number of witnesses testify that he was drunk to a staggering condition. Two persons who were standing at the foot of the gang-plank say he stepped around or over some goods lying on the wharf-boat and up to the post between the two openings; that he stood there a moment or two and fell over. One of them says he made a noise as if sick at the stomach. These two witnesses must have been within 10 or 15 feet of him when he fell. As the plaintiff's...

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15 cases
  • Hegberg v. St. Louis & San Francisco Railroad Company
    • United States
    • Missouri Court of Appeals
    • 6 Mayo 1912
    ... ... construed." ...          The ... case of Buddenberg v. Transportation Co., 108 Mo ... 394, 18 S.W. 970, was an action for ... ...
  • Anton v. St. Louis Public Service Co.
    • United States
    • Missouri Supreme Court
    • 17 Mayo 1934
  • Hegberg v. St. Louis & S. F. R. Co.
    • United States
    • Missouri Court of Appeals
    • 6 Marzo 1912
    ...that comports with the maxim: "Statutes made for the public good ought to be liberally construed." The case of Buddenberg v. Transportation Co., 108 Mo. 394, 18 S. W. 970, was an action for wrongful death by reason of the defendant steamboat company having improperly landed the deceased at ......
  • Anton v. St. Louis Pub. Serv. Co.
    • United States
    • Missouri Supreme Court
    • 17 Mayo 1934
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