Fink v. United Rys. Co.

• Decision Date: 02 March 1920
• Docket Number: No. 15640.,15640.
• Parties: FINK v. UNITED RYS. CO. OF ST. LOUIS.
• Court: Missouri Court of Appeals

219 S.W. 679

FINK v. UNITED RYS. CO. OF ST. LOUIS.

No. 15640.

St. Louis Court of Appeals. Missouri.

March 2, 1920.

Rehearing Denied March 30, 1920.

Appeal from St. Louis Circuit Court; Rhodes E. Cave, Judge.

"Not to be officially published."

Action by Bessie Fink against the United Railways Company of St. Louis. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

Charles W. Bates, T. E. Francis, and Chauncey H. Clarke, all of St. Louis; for appellant.

W. Paul Mobley, of St. Louis, for respondent.

NIPPER, C.

This is an action for damages for personal injuries. This suit originated in the circuit court of the city of St. Louis. Plaintiff obtained judgment for $1,750, and defendant prosecutes this appeal.

The cause of action alleged in plaintiff's petition is that on the 15th of June, 1915, plaintiff undertook to board one of defendant's street cars, at the intersection of Eighteenth and Market streets, in the city of St. Louis, while the car had stopped for the purpose of receiving passengers; that, while plaintiff was attempting to board said car, defendant's agents, servants, and employés in charge of said car, carelessly, negligently, and without warning, started the same suddenly and violently forward, causing plaintiff to lose her footing on the step, throwing her with great force and violence upon said step, and dragged her across said Market street before the car was stopped; that, as a result, both her legs and knees were severely bruised and sprained, her left hip and back were severely sprained and wrenched and the ligaments, tendons, and muscles permanently stretched, weakened, and stiffened; that as a result of said injuries she has suffered, and will hereafter suffer, great pain, headaches, dizziness, nervousness, and sleeplessness; that her nervous system has been permanently shocked and injured; and that she lost, and will hereafter lose, her earnings as the owner and operator of an automobile for hire, of the value of $30 per week; that she incurred an expense for medical treatment of $200, and will hereafter incur such expense. The answer filed was a general denial.

Plaintiff testified that she was 24 years old and lived at Alton, Ill.; that she came to St. Louis on the date the injury occurred, and in the afternoon went to Forest Park Highlands; that between 7 and 8 o'clock p. m. she left the Highlands and started to Mississippi and Park avenues in said city; that she rode on a Market street car to Eighteenth street, where she got off the car and went into a fruit store belonging to Mr. Pappas; that, after getting some oranges, she went out to board a Park avenue car; that, when she started to get on the car and had one foot on, the car started and jerked her down and dragged her across Market street; that Mr. Pappas was assisting her in getting on the car, and after the car started he held to her until the car had dragged her across Market street, and at that time she suffered the injuries complained of; that she and Pappas then boarded the car, and she continued her journey to the home of her aunt, after which she went to the doctor's office for treatment; that she remained at the home of her aunt for about three weeks, and as to her condition during those three weeks she stated:

"Well, I suffered terribly from my leg and back, most. My hip hurt me some, but not as much as my back hurt me, and it left me terribly nervous. I couldn't sleep hardly at night."

This testimony was corroborated by Pete Pappas, who stated that his fruit store was one door from the corner where Miss Fink undertook to board this car; that, when she got on the step, the conductor rang the bell and the motorman started the car running, and he ran with the car and held to the girl until they had crossed Market street, when the car stopped.

The motorman and conductor operating defendant's car stated that, when the car started, it had gone about two feet before it was stopped; that he asked Miss Fink when she got on the car if she was hurt, and she answered: "No, but I bumped my shin against the step."

Appellant urges as assignments of error: That the court erred in admitting...