Dalton v. The Kansas City

• Decision Date: 06 June 1908
• Docket Number: 15,273
• Citation: 78 Kan. 232,96 P. 475
• Court: Kansas Supreme Court
• Parties: SARAH DALTON et al. v. THE KANSAS CITY, FORT SCOTT & MEMPHIS RAILROAD COMPANY

96 P. 475

78 Kan. 232

SARAH DALTON et al. v. THE KANSAS CITY, FORT SCOTT & MEMPHIS RAILROAD COMPANY

No. 15,273

Supreme Court of Kansas

June 6, 1908

Decided January, 1908.

Error from Anderson district court; CHARLES A. SMART, judge.

STATEMENT.

SARAH and Jennie Dalton are sisters. At the time of the transaction out of which this action arose Sarah resided near Fontana, in Miami county, with her father; Jennie was then living with a sister at Moline. Sarah was twenty-four years of age and Jennie twenty. On August 27, 1899, they met by appointment at Kansas City. On August 28, at 9:45 in the evening, they left Kansas City together on the defendant's passenger-train for Fontana, where the train was due at 11:30 that night. Sarah bought a round-trip ticket when she left Fontana Jennie bought a ticket for Fontana at Kansas City. The train did not stop at Fontana; it went to La Cygne, the next station, eight miles from Fontana. At La Cygne a freight-train was standing ready to leave for Fontana. The plaintiffs and their baggage were transferred to the caboose of that train and taken back to Fontana, where they, with their baggage, were left on the depot platform. There were no lights in or about the station, but the plaintiffs were acquainted there, and they walked about a block and a half to a hotel, where they aroused the inmates, who assisted them by getting a livery team to take them home and placing their baggage in the hotel. They reached home about two o'clock that night, and returned the next day and got their baggage. Their brother came to the station at Fontana to meet them and was there when the train passed.

They each commenced an action in the district court of Miami county, March 30, 1900, one of which was tried in December 1900, and the other in February, 1901. One of them recovered judgment for $ 300. The railroad company prosecuted proceedings in error to this court, where the case was reversed. (Railroad Co. v. Dalton, 65 Kan. 661, 70 P. 645.) The other case was also reversed. (Railroad Co v. Dalton, 66 Kan. 799, 72 P. 209.) In the first case the district court instructed the jury that "annoyance, fright and mental anguish" were proper elements of damage in such a case, and for this the judgment was reversed.

The cases were subsequently tried in the district court, where the plaintiffs again recovered, and a new trial was granted by that court. The trial, which is now here for review, was had March 19, 1906. The two cases were tried together, and each plaintiff recovered a verdict for $ 303.50. This amount was, by special findings made by the jury, apportioned as follows: For loss of time, $ 1; expenses, $ 2.50; inconvenience, $ 300. Upon the application of the railroad company the court struck out the sum of $ 300 and entered judgment for each plaintiff in the sum of $ 3.50. The application was based upon two grounds, which read:

"(1) There was no evidence justifying any damages for inconvenience and trouble, for which the jury assessed damages against the defendant in the sum of $ 300 in favor of the plaintiff.

"(2) Because the amount allowed for inconvenience and trouble is not a proper element of damages in assessing or estimating plaintiff's damages herein."

The plaintiffs bring the case here for review.

Judgment reversed.

SYLLABUS

SYLLABUS BY THE COURT.

1. DAMAGES--Passenger Negligently Carried beyond Destination. Where a passenger on a railroad is negligently carried beyond his destination he is entitled, in the absence of other inculpatory circumstances, to recover as damages therefor a reasonable sum for loss of time, necessary expenses incurred, and, in addition thereto, fair compensation for inconvenience experienced, if any, on account of such action of the railroad company.

2. DAMAGES--Amount of Award a Question for the Jury. On a trial for damages in such a case, where there is any evidence tending to establish a right to recover, the amount to be awarded is a question for the jury and should not be withdrawn from their consideration.

3. DAMAGES--Same. Where, in such a case, the jury return special findings of fact wherein the different elements of damage are stated separately, as follow: for loss of time, $ 1; expenses, $ 2.50; inconvenience, $ 300, the court can not, on a motion to reduce the amount of the general verdict, set aside the finding for inconvenience and render judgment for $ 3.50, if there is any evidence upon which such finding could have been based for any amount.

Frank M. Sheridan, for plaintiffs in error.

W. F. Evans, I. P. Dana, and A. L. Berger, for defendant in error.

OPINION

GRAVES, J.:

The only question presented in this case relates to the measure of damages. The act of the railroad company in carrying the plaintiffs beyond their destination, in the absence of other inculpatory facts, amounts to a mere breach of contract. The rule of damages in all such cases is compensation for loss of time and expenses incurred on account of the non-performance of the contract. There is an entire absence in this case of any wantonness, violence or insulting or oppressive conduct on the part of the railroad company's employees, such as must be shown before exemplary damages can be awarded; and no physical injury was received upon which damages for mental pain and anguish may be based. The damages must, therefore, be limited to such as are proper in the ordinary case where a contract has been violated. (6 Cyc. 589; 5 A. & E. Encycl. of L. 690-697; Northern Central Railway Co....