Ramm v. Minneapolis & St. L. R. Co.

• Decision Date: 05 April 1895
• Citation: 94 Iowa 296,62 N.W. 751
• Court: Iowa Supreme Court
• Parties: RAMM v. MINNEAPOLIS & ST. L. R. CO.

94 Iowa 296

62 N.W. 751

RAMM

v.MINNEAPOLIS & ST. L. R. CO.

Supreme Court of Iowa.

April 5, 1895.

Appeal from district court, Webster county; N. B. Hyatt, Judge.

Action to recover damages for being assaulted and abused and compelled to get off of a train on the defendant's railroad. At the close of the introduction of the evidence in behalf of the plaintiff the court, on motion, instructed the jury to return a verdict for the defendant. From a judgment on the verdict thus returned the plaintiff appeals. Reversed.J. C. Raymond, for appellant.

R. M. Wright, for appellee.

ROTHROCK, J.

1. The petition is in the ordinary form of a declaration for a personal injury. We do not think it is necessary to set out the pleadings. The issues will be understood by the evidence which we will refer to, and by the discussion of the facts and questions of law involved in the case. The following is the testimony in chief given by the plaintiff in the trial: “Reside at Luverne, Kossuth county, Iowa, and have lived there for the last ten years. Am a butcher and dealer in live stock. Was at Humboldt about a year ago, on the 28th or 29th of this month. This road runs from Luverne to Humboldt. Was subpoenaed as a witness with ten or twelve others. About half past eight, or some such a matter, went to the depot at Humboldt, to take what is called the ten o'clock freight for Luverne. It was an awful dark night. Went to the ticket office to buy a ticket. Had no change less than a $10 bill. Crowded up to the ticket office. The agent was there. He had some talk about a rebate ticket. What it was I didn't know. Seemed to be about a 10-cent rebate ticket. Agent kept that up quite a while. There was several people asking for tickets. Laid the $10 bill on the board there, and told him I would like a ticket for Luverne. Left the bill laying there a few minutes. Then he said he had no time to make change; ‘You pay on the train.’ Then I went out of doors. When I got out doors there was quite a crowd on the platform. A good many stood on the platform of the caboose. Had been there the second day. We didn't get through the first day of court, and we had to stay two days. The conductor had hollered, ‘All aboard,’ and I thought I would climb up on the ladder of the caboose, but I believe it was the third car I climbed on. When I got up there, the train was moving. After we had gone 50 or 60 rods, the brakeman came along with a lantern, and said, ‘You get off of there.’ Told him if he would let me ride to Luverne I would get a ticket. Couldn't get a ticket there, and the platform of the caboose was crowded. ‘Have you got any stuff?’ he asked. I said: ‘Yes, I got some stuff, but I couldn't get any ticket. I only got 20 cents in change.’ He went off in the direction of the caboose, and then comes toward me, and said: ‘You son of a bitch, you get off here. You have been stealing a ride every night.’ I told him it wasn't so. He said I had to get off. I told him I couldn't get off. I wasn't used to climbing off the cars. He said, ‘You get off in a hurry, pretty quick.’ I said, ‘Slack up a little, so I could get off.’ He said they was going slow, and kicked me. I dodged around. He took the lantern, and knocked my hand off the ladder. I offered him a quarter, and begged him to let me ride to Luverne. He said I was stealing a ride every night, so he kept on, and kicked me right under the jaw here, and once on the head. I tried to dodge as much as possible, and begged to slack up the train a little, and let me off. He went back, and got another lantern. His lantern went out when he knocked my hat off. He came back, and found me again. I begged him to slack up a little, and let me off. I said, ‘If you let me come up, when I get to Luverne I will get a ticket.’ Didn't have anything but 25 cents, so he kept kicking at me, and tried to step on my fingers. Did step on them several times. Took the lantern, and made a motion to strike. Just as he did that, the train commenced to run slow. He said that was as slow as they would go. I got down on the lower step, and told him I could not get off; he had to slack up a little more. He made a motion, and the train kind of run slower. Finally got down to the ground; partially fell; kept on my feet; fell along with the train. Then I caught the hind end of the caboose; climbed on that. Just about when I got on the caboose, and talked to the conductor about the brakeman, the brakeman came up in a little afterwards. I was in there. Told the conductor how the brakeman had treated me. I said...