Edelman v. Wells, No. 17623.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtAllen
Citation242 S.W. 990
PartiesEDELMAN v. WELLS.
Decision Date06 June 1922
Docket NumberNo. 17623.
242 S.W. 990
EDELMAN
v.
WELLS.
No. 17623.
St. Louis Court of Appeals. Missouri.
June 6, 1922.

Appeal from St. Louis Circuit Court; J. Hugo Grimm, Judge.

"Not to be officially published."

Action by Benjamin Edelman against Rolla Wells, receiver of the United Railways Company of St. Louis. Judgment for plaintiff, and defendant appeals. Affirmed.

Chas. W. Bates, T. E. Francis, and G. T. Priest, all of St. Louis, for appellant.

A. Samuel Bender, of St. Louis, for respondent.

ALLEN, P. J.


This is an action for assault and battery, alleged to have been committed upon plaintiff by the conductor of a street car, operated by the defendant in the city of St. Louis as a common carrier, the defendant being sued as the receiver of the United Railways Company. There was a verdict and judgment for plaintiff below for $100 actual and $500 exemplary or punitive damages, and the defendant has appealed.

Plaintiff's evidence shows that, on August 17, 1919, he bearded one of defendant's street cars on what is known as defendant's Park avenue line, at Third street and Washington avenue, in the city of St. Louis, being accompanied by his wife. He secured from the conductor of that car two transfers to be used on defendant's Natural Bridge line, which crossed Washington avenue, on which Park avenue cars ran, a few blocks west of Third street. At the intersection of these two car lines, plaintiff left the Park avenue car, and shortly thereafter boarded a car upon the Natural Bridge line and handed to the conductor thereof his two transfers. He testified that his wife preceded him into the car and he followed her, but that, before he had proceeded very far into the car, the conductor caught hold of him very roughly, turned him about and demanded that he pay his fare; that he told the conductor that he had given him two transfers, whereupon the latter said that the transfers were not good and insisted that plaintiff pay his fare; that when he insisted that he had paid his fare and had received these transfers from the conductor of the Park avenue car but a few minutes prior thereto, the conductor struck him twice in the face with his fist.

Plaintiff's version of ate matter is substantially corroborated by the testimony of passengers on the car. It appears that, though plaintiff made no resistance, the motorman came to the rear portion of the car to assist the conductor; that the car was stopped and defendant's said employés were proceeding to...

To continue reading

Request your trial
4 practice notes
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...all the essential elements of plaintiff's case and all of the defenses pleaded and proven. 64 C.J., p. 817, sec. 673; Edelman v. Wells, 242 S.W. 990; Allen v. Railroad Co., 294 S.W. 80; Gundelach v. Compagnie Generale Transatlantique, 41 S.W. (2d) 1; Althage v. People's Motorbus Co., 320 Mo......
  • State ex rel. Donelon v. Deuser, No. 36070.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1939
    ...and in no sense special." That case cites Sutherland on Damages (3 Ed.), section 418. That ruling was followed in Edelman v. Wells, 242 S.W. 990, l.c. 991 The authorities cited by respondents are: Boyd v. Mo. Pac. Ry. Co., 236 Mo. 54, 139 S.W. 561; Barth v. Kansas City El. Ry. Co., 142......
  • Weber v. Valier & Spies Milling Co., No. 17092.
    • United States
    • Court of Appeal of Missouri (US)
    • June 6, 1922
    ...of the two causes produced the injury, and if the evidence, as here, shows that it could have resulted from either of two causes, for 242 S.W. 990 one of which the defendant Is liable, and for the other of which it is not liable, the plaintiff is then required to show to which of these caus......
  • Mason v. Down Town Garage Co., No. 17563.
    • United States
    • Court of Appeal of Missouri (US)
    • July 5, 1932
    ...case. Mental distress and humiliation may be taken into account. [Stewart v. Watson, 133 Mo. App. 44, 49, 112 S.W. 762; Edelman v. Wells, 242 S.W. 990.] It does not appear that the jury was swayed by passion or prejudice or was misled as to the measure of damages. A less amount may have sat......
4 cases
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...all the essential elements of plaintiff's case and all of the defenses pleaded and proven. 64 C.J., p. 817, sec. 673; Edelman v. Wells, 242 S.W. 990; Allen v. Railroad Co., 294 S.W. 80; Gundelach v. Compagnie Generale Transatlantique, 41 S.W. (2d) 1; Althage v. People's Motorbus Co., 320 Mo......
  • State ex rel. Donelon v. Deuser, No. 36070.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1939
    ...and in no sense special." That case cites Sutherland on Damages (3 Ed.), section 418. That ruling was followed in Edelman v. Wells, 242 S.W. 990, l.c. 991 The authorities cited by respondents are: Boyd v. Mo. Pac. Ry. Co., 236 Mo. 54, 139 S.W. 561; Barth v. Kansas City El. Ry. Co., 142......
  • Weber v. Valier & Spies Milling Co., No. 17092.
    • United States
    • Court of Appeal of Missouri (US)
    • June 6, 1922
    ...of the two causes produced the injury, and if the evidence, as here, shows that it could have resulted from either of two causes, for 242 S.W. 990 one of which the defendant Is liable, and for the other of which it is not liable, the plaintiff is then required to show to which of these caus......
  • Mason v. Down Town Garage Co., No. 17563.
    • United States
    • Court of Appeal of Missouri (US)
    • July 5, 1932
    ...case. Mental distress and humiliation may be taken into account. [Stewart v. Watson, 133 Mo. App. 44, 49, 112 S.W. 762; Edelman v. Wells, 242 S.W. 990.] It does not appear that the jury was swayed by passion or prejudice or was misled as to the measure of damages. A less amount may have sat......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT