Maggioli v. St. Louis Transit Co.

• Decision Date: 29 November 1904
• Citation: 83 S.W. 1026,108 Mo. App. 416
• Parties: MAGGIOLI v. ST. LOUIS TRANSIT CO.
• Court: Missouri Court of Appeals

83 S.W. 1026

108 Mo. App. 416

MAGGIOLI v. ST. LOUIS TRANSIT CO.

St. Louis Court of Appeals. Missouri.

November 29, 1904.

STREET RAILROADS — INJURIES TO PASSENGERS — DEGREE OF CARE REQUIRED — INSTRUCTIONS — DAMAGES.

1. In an action against a street railroad for injuries to a passenger, an instruction authorizing a recovery if the car had stopped to receive him as a passenger, and was suddenly started while he was boarding it, and failing to take into consideration the questions of willfulness or negligence on the part of defendant's servants, was erroneous.

2. In an action for personal injuries, a charge directing the jury, if they find for plaintiff, to assess his damages at such sum as will reasonably compensate him for his injuries, considering his pain and suffering, expenses incurred on account of doctor's bills and medicines, and the permanency of the injuries sustained, is vague and obscure.

3. The obligation of a street railroad to a passenger is not that of an insurer of his safety, but it is incumbent on it to exercise a high degree of care and vigilance, by permitting him a reasonable time to board the car, and by safely transporting him.

Appeal from St. Louis Circuit Court; J. A. Blevins, Judge.

Action by Frank J. Maggioli against the St. Louis Transit Company. From a judgment for plaintiff, defendant appeals. Reversed.

Boyle, Priest & Lehman, for appellant. Louis G. Peery, for respondent.

REYBURN, J.

This is an action to recover for personal injuries alleged by the plaintiff to have been sustained while attempting to board a car of defendant at the intersection of Fourteenth and Papin streets in the city of St. Louis; the plaintiff averring that on the 20th day of April, 1903, he attempted to become a passenger, when, without fault on his part, as he was about to step upon the car, after taking hold of the hand rail used to assist passengers in alighting from and getting upon such car, and before he had time to place his feet firmly upon the steps of the car, the agents and servants of defendant company in charge willfully and negligently caused the car to be suddenly and violently started; causing plaintiff to be dragged along the street until he was violently thrown to the ground, to his serious injury, as detailed. The defendant made general denial by way of answer, and at the trial objected to the introduction of any evidence under the petition on the ground that it wholly failed to state facts sufficient to constitute any cause of action,...