Kuhn v. Chi., M. & St. P. R. Co.

CourtIowa Supreme Court
Writing for the CourtROTHROCK
Citation74 Iowa 137,37 N.W. 116
Decision Date09 March 1888
PartiesKUHN v. CHICAGO, M. & ST. P. R. CO.

74 Iowa 137
37 N.W. 116

KUHN
v.
CHICAGO, M. & ST. P. R. CO.

Supreme Court of Iowa.

March 9, 1888.


Appeal from district court, Carroll county.

This is an action at law by Jacob Kuhn against the Chicago, Milwaukee & St. Paul Railroad Company, by which the plaintiff seeks to recover damages of the defendant upon the ground that a conductor on one of its trains, upon which plaintiff was a passenger, wrongfully, maliciously, and forcibly ejected the plaintiff from said train. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

[37 N.W. 116]

Wright, Baldwin & Haldane, for appellant.

Scott & Scott, for appellee.


ROTHROCK, J.

The plaintiff and one King were at Coon Rapids on the line of defendant's railroad on the 13th day of February, 1883. They desired to travel on the road to Manning, a station some distance west of Coon Rapids. They made application to the ticket agent at Coon Rapids for tickets to Manning. The agent sold them tickets to another station called Warwick, which is a short distance east of Manning, and stated to them that the tickets were good for passage to Manning. The fact that the tickets were good for passage to Manning is conceded by the defendant, and plaintiff claims that he told the conductor when he took up his ticket that he wanted to go to Manning. The train arrived at Warwick after dark. The plaintiff claims, and he and King testified on the trial, that, as the train approached Warwick, the conductor called the name of the station and commanded the plaintiff and King to leave the train; that they refused and tried to explain, and claimed that their tickets were good to Manning; but that the conductor, with loud and profane language, stated to them if they did not leave the train he would put them off, and advanced towards them in a threatening manner as if to execute his threat; whereupon they left the train. It is claimed that there was a deep snow and no traveled road between Warwick and Manning, and no house at Warwick where plaintiff could stay; that he was compelled to travel through the snow and water to Manning in a rain, by which exposure he caught a severe cold, and was sick for a week. The person who was conductor of the train was sworn as a witness, and in his testimony he stated that he knew the tickets were good for passage to Manning, and that he stated to the plaintiff

[37 N.W. 117]

that, as Warwick was but a flag station, he had better leave the train at Manning, but that plaintiff and his companion demanded their right to be allowed to leave the train at Warwick; and that he accordingly...

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11 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...v. Seeley, 1894, 91 Iowa 583, 60 N.W. 183; Schwartz v. Davis, 1894, 90 Iowa 324, 57 N.W. 849; Kuhn v. Chicago, M. & St. P. R. Co., 1888, 74 Iowa 137, 37 N.W. 116; Saunders v. Mullen, 1885, 66 Iowa 728, 24 N. W. 529, reversed where $650 exemplary damages and $50 compensatory damages; Sadler ......
  • Allen v. Melton
    • United States
    • Supreme Court of Tennessee
    • March 14, 1936
    ...actual damage, there is no foundation upon which exemplary damages can attach or rest." Kuhn v. Chicago, etc., R. Co., 74 Iowa, 137, 141, 37 N.W. 116, 118. Accordant: Girard v. Moore, 86 Tex. 675, 676, 26 S.W. 945; Seal v. Holcomb, 48 Tex. Civ.App. 330, 107 S.W. 916, 918; Lacy v. Gentry (Te......
  • Shannon v. Gaar, No. 46516.
    • United States
    • United States State Supreme Court of Iowa
    • September 23, 1944
    ...Perry, 211 Iowa 920, 234 N.W. 844; [15 N.W.2d 260]Boardman v. Grocery Co., 105 Iowa 445, 75 N.W. 343;Kuhn v. Chicago, M. & St. P. Ry. Co., 74 Iowa 137, 37 N.W. 116;Schwartz v. Davis & Co., 90 Iowa 324, 57 N.W. 849;White v. Book Co., 164 Iowa 693, 146 N.W. 829. Appellees also correctly argue......
  • Western Union Telegraph Co. v. Jennings, 17598
    • United States
    • United States State Supreme Court of Mississippi
    • February 28, 1916
    ...[110 Miss. 675] Martin Brown Co., 79 Tex. 460, 14 S.W. 564, Schippel v. Norton, 38 Kan. 567, 16 P. 804, Kuhn v. Chicago, etc., R. R. Co., 74 Iowa 137, 37 N.W. 116, and Mills v. Taylor, 85 Mo.App. 111, that actual damages must be found as a predicate for the recovery of exemplary damages. Th......
  • Request a trial to view additional results
11 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...v. Seeley, 1894, 91 Iowa 583, 60 N.W. 183; Schwartz v. Davis, 1894, 90 Iowa 324, 57 N.W. 849; Kuhn v. Chicago, M. & St. P. R. Co., 1888, 74 Iowa 137, 37 N.W. 116; Saunders v. Mullen, 1885, 66 Iowa 728, 24 N. W. 529, reversed where $650 exemplary damages and $50 compensatory damages; Sadler ......
  • Allen v. Melton
    • United States
    • Supreme Court of Tennessee
    • March 14, 1936
    ...actual damage, there is no foundation upon which exemplary damages can attach or rest." Kuhn v. Chicago, etc., R. Co., 74 Iowa, 137, 141, 37 N.W. 116, 118. Accordant: Girard v. Moore, 86 Tex. 675, 676, 26 S.W. 945; Seal v. Holcomb, 48 Tex. Civ.App. 330, 107 S.W. 916, 918; Lacy v. Gentry (Te......
  • Shannon v. Gaar, No. 46516.
    • United States
    • United States State Supreme Court of Iowa
    • September 23, 1944
    ...Perry, 211 Iowa 920, 234 N.W. 844; [15 N.W.2d 260]Boardman v. Grocery Co., 105 Iowa 445, 75 N.W. 343;Kuhn v. Chicago, M. & St. P. Ry. Co., 74 Iowa 137, 37 N.W. 116;Schwartz v. Davis & Co., 90 Iowa 324, 57 N.W. 849;White v. Book Co., 164 Iowa 693, 146 N.W. 829. Appellees also correctly argue......
  • Western Union Telegraph Co. v. Jennings, 17598
    • United States
    • United States State Supreme Court of Mississippi
    • February 28, 1916
    ...[110 Miss. 675] Martin Brown Co., 79 Tex. 460, 14 S.W. 564, Schippel v. Norton, 38 Kan. 567, 16 P. 804, Kuhn v. Chicago, etc., R. R. Co., 74 Iowa 137, 37 N.W. 116, and Mills v. Taylor, 85 Mo.App. 111, that actual damages must be found as a predicate for the recovery of exemplary damages. Th......
  • Request a trial to view additional results

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