Cain v. Cap Sheaf Bread Co.

• Citation: 57 S.W.2d 763
• Decision Date: 07 March 1933
• Docket Number: No. 22199.,22199.
• Parties: CAIN v. CAP SHEAF BREAD CO. et al.
• Court: Court of Appeal of Missouri (US)

57 S.W.2d 763

CAIN v. CAP SHEAF BREAD CO. et al.

No. 22199.

St. Louis Court of Appeals. Missouri.

March 7, 1933.

Rehearing Denied March 21, 1933.

Appeal from St. Louis Circuit Court; Frank Landwehr, Judge.

"Not to be published in State Reports."

Action by William H. Cain against the Cap Sheaf Bread Company and others. Judgment for plaintiff, and defendants appeal.

Affirmed.

Goodbar & Gilster and Thomas P. Moore, all of St. Louis, for appellants.

Anderson & Whittington, of St. Louis, for respondent.

McCULLEN, Judge.

This is an action for damages for unlawful arrest and imprisonment, brought by plaintiff against the Cap Sheaf Bread Company and Edward A. Reilly, its supervisor. A trial before the court and a jury resulted in a verdict and judgment against both defendants in the sum of $2,500 actual and $500 punitive damages.

Under an order of the court, plaintiff filed a remittitur of $1,500 from the actual damages, whereupon defendants' motion for a new trial was overruled, and judgment was entered in favor of plaintiff and against both defendants in the sum of $1,000 actual and $500 punitive damages, a total of $1,500. Both defendants have appealed.

The petition of plaintiff as it stood throughout the trial and at the conclusion of all the evidence averred that "defendants, contriving and maliciously intending to injure plaintiff in his good name, fame and credit, and to bring him into public scandal, infamy and disgrace, and to cause him to be arrested and imprisoned and thereby to impoverish, oppress and wholly ruin him, on or about the 13th day of March, 1928, made and caused to be made to a police officer in the City of St. Louis, Missouri, a charge against this plaintiff, by reason of which, said police officer arrested this plaintiff and caused this plaintiff to drive with said police officer, and against the will of this plaintiff, to the Magnolia Police Station, a common jail used by the Police Department of the City of St. Louis, Missouri, in which to harbor prisoners charged with all grades of crimes."

The petition further alleged that, upon arrival at the police station, defendant Edward Reilly, "for himself and in the course of his duties as a supervisor for defendant, Cap Sheaf Bread Company, falsely and maliciously and without probable cause or any cause whatever, charged and caused this plaintiff to be charged with the crime of malicious destruction of property; that in pursuance of said complaint the officials of said Police Department in charge of said common jail, locked this plaintiff in a cell in said jail and kept this plaintiff a prisoner in said jail until plaintiff procured a bail bond for his appearance in Division No. 1 of the City Court of the City of St. Louis, Missouri, a Court having jurisdiction to hear and determine and to punish for violations of any and all ordinances of the said City of St. Louis."

It was alleged in the petition that, by virtue of said complaint, plaintiff appeared in division No. 1 of the city court on March 14, April 6, and April 13, 1928, ready for trial on the complaint and charge mentioned, but that the cause was continued on each said occasion by the prosecutor under the direction of defendants, until finally, on April 20, 1928, plaintiff was put on trial in said city court; that, on the last-named date defendants again appeared by and through defendant, Reilly, acting in his own behalf and in the course of his employment as supervisor for the Cap Sheaf Bread Company, "alleging and repeating said false and malicious charges and seeking by hired servants and attorneys to maintain and render successful their false and malicious charges."

The petition then alleged that the city court adjudged plaintiff was not guilty "and that there was not probable cause for his arrest," whereupon plaintiff was discharged and the cause determined.

Then followed allegations in the petition setting forth plaintiff's injuries and damage and praying judgment in the sum of $10,000 as compensatory damages and for an additional sum of $10,000 as punitive damages.

The answer of defendants was a general denial.

At the trial, the record of the city court was introduced showing plaintiff charged therein with malicious destruction of property in violation of a city ordinance, and that, after two continuances, he was tried on the 20th of April, 1928, and discharged.

Plaintiff testified that he had lived in St. Louis twenty-four years; that he was a bread salesman by occupation, employed by the Baby Label Bread Company, in the city of St. Louis, having been with that company six years; that on the 13th of March, 1928, at about 5 a. m., he was making a delivery of bread to the Josephine Hospital, in St. Louis, when a police officer walked up to him and asked him some questions as to his route; that the police officer showed him his badge and said, "I will have to take you down to the Magnolia Station;" that he asked the officer why he was being arrested, and the officer answered, "You will find out;" that the officer did not show him any warrant or say anything about the charge for his arrest; that shortly before his arrest on the same morning he had delivered bread at Bethesda Hospital, a short distance from Josephine Hospital. Plaintiff described the premises at Bethesda Hospital where he said he had been making deliveries of bread for a year or more every day. He testified that when he brought the bread to Bethesda Hospital he would put it into a Welle-Boettler Baby Label bread box located in the kitchen, the same kind of a bread box used by grocers and other customers; that the box belonged to Welle-Boettler Baby Label Bakery (plaintiff's employer), and had that company's name on it; that there were different brands of bread in the box every morning, and on the morning in question there were several loaves of bread of different makes, including a few of his own brand in the box from the day before, and that there were from one to fifteen loaves therein every morning; that on the morning in question he delivered ten loaves of bread and put them into the bread box, and that he closed the lid of the box and went on to his next customer. Plaintiff described the box as one that usually locked automatically. He could not say whether or not on this particular morning the lid was locked after he closed it.

After delivering the bread at Bethesda Hospital, plaintiff was making a delivery at Josephine Hospital when he was arrested. He testified that the time between the delivery of bread at Bethesda Hospital and the one at Josephine Hospital was about fifteen or twenty minutes, with an intervening delivery at another place in the neighborhood; that the policeman got into his truck and rode with him to the police station; that he asked the man at the desk in the police station what he was arrested for and was told, "destruction of property"; that he asked what property had been destroyed and that defendant Reilly, who had come into the police station shortly after plaintiff's arrival there, went out to his (Reilly's) machine, and brought in two or three loaves of Cap Sheaf bread; that Reilly said he was representing the Cap Sheaf Bread Company; that they had caused plaintiff's arrest; that he wanted him locked up and wanted to prosecute him; that Reilly, at the police station, charged him with having damaged the bread; that he stated in answer to Reilly that he did not do so.

Plaintiff further testified that he was locked up and held until he was released on bond. He could not state how long he was held a prisoner in the police station. He described his trial in the city court, and told of defendant Reilly and the police officer taking the witness stand and how each was questioned by the judge, after which plaintiff was discharged, plaintiff himself not being required to testify. He stated that he had never been arrested before in his life, and gave testimony to show the injury and damage he had suffered thereby.

Verne Moore, manager of the Welle-Boettler Bakery Company, testified concerning a visit made by himself and plaintiff to the office of Mr. Riggs, who was in charge of the Cap Sheaf Bread Company. This visit was made after plaintiff had been arrested and charged with damaging the bread in question. He testified that in a conversation with Mr. Riggs on that occasion, the latter said that if plaintiff would admit that he had damaged the bread the case would be dropped, but that if he would not, the case would go to court. This witness and another witness testified to plaintiff's good reputation for honesty, morality, and fair dealing.

Defendant Edward Reilly testified on behalf of himself and his codefendant. His testimony went to show the following: That he was supervisor for the Cap Sheaf Bread Company; that on March 13, 1928, at about 5 a. m., he accompanied Police Officer Edward A. Kosche to Bethesda Hospital; that they took with them four loaves of Cap Sheaf bread wrapped up; that they carefully inspected the bread and saw that it was in perfect condition with the wrappers intact and then placed it in the bread box in the kitchen at Bethesda Hospital; that, after the officer placed the bread in the bread box, he closed the lid thereof, and that he and the police officer left the kitchen together; that there were two doors to the kitchen, both on the same side, opening into a hallway; that the kitchen was lighted with electric lights; that there were four windows in the kitchen which were locked, and that the only doors leading into the kitchen were the two above described; that the officer stationed himself across the hall outside the kitchen and from this point could see the doors leading into the room, one directly and the other by reflection in the glass thereof; that after noting the officer's position, he went outside in the yard; that shortly thereafter plaintiff drove into the yard in his Welle-Boettler truck, got out, and went into the kitchen with...