Spohn v. Missouri Pacific Railway Co.

• Citation: 14 S.W. 880,101 Mo. 417
• Parties: Spohn v. The Missouri Pacific Railway Company, Appellant
• Decision Date: 30 June 1890
• Court: United States State Supreme Court of Missouri

14 S.W. 880

101 Mo. 417

Spohn v. The Missouri Pacific Railway Company, Appellant

Supreme Court of Missouri

June 30, 1890

Appeal from Cole Circuit Court. -- Hon E. L. Edwards, Judge.

This is an action for personal injuries to plaintiff alleged to have been suffered while a passenger on defendant's railway.

The case was here before, and is reported by the same title in 87 Mo. 74. In some of its phases it is so remarkable that a somewhat full statement of it, as presented by the record of the last trial, will be given.

The petition, after formal allegations of defendant's incorporation and ownership of the railway on which plaintiff was hurt, alleges in substance that on March 6, 1880, he was a passenger for hire thereon, and about midnight certain persons and passengers then and there on said train of cars while plaintiff was under the charge and protection of the conductor of said train, who was a servant of defendant, did then and there wrongly pretend and say to plaintiff that it was their purpose then and there to rob plaintiff and to then tie plaintiff and throw him out of the train while the same was in motion, whereby plaintiff became greatly excited and alarmed * * * and the said conductor, then and there knowing the excited and alarmed state of mind of the plaintiff, not only failed and refused, as he was in duty bound, to protect and defend plaintiff against such apprehended danger, and to use every exertion and endeavor to quiet plaintiff's excited state of mind, and to give to plaintiff all and every assurance in his power that plaintiff should not be harmed or wronged by any one on the train, but on the contrary said conductor did then and there follow up said talk and threats with the same and similar talk and threats on his part, in the presence and hearing of plaintiff, and did then and there join with other persons on said train in talk and threats to do and commit the violence and wrong aforesaid to plaintiff and said other persons and said officer and servant of defendant continuing so unlawfully and wrongfully to threaten, plaintiff became yet more greatly alarmed and excited thereby, so much so that he became convinced in his mind that said persons and said officer and servant were about to and would carry their said threats into execution and having good reason to fear and actually fearing that he would be robbed and thrown from the train and thereby lose his life, as he honestly believed, he was forced to jump and did jump from said train while the same was under full headway and motion, and in doing so the left foot was broken mashed and torn, which caused plaintiff great pain and suffering, and he was compelled to have, and did have, his leg amputated below the knee, and he has thereby lost the same for life; whereby, etc. Then follows statement of damages and prayer for judgment for ten thousand dollars.

The answer was as follows: "Now comes the defendant herein and for amended answer to plaintiff's first amended petition, by leave of court, denies each and every material allegation therein contained. And defendant further answering says that the facts as stated in plaintiff's said amended petition never did occur; neither have they any existence in truth and fact, but are solely the product and offspring of a drunken and debauched imagination, or of a perverted and alienated mind. And defendant further says that if it be true that plaintiff did jump from defendant's train at the time charged in said petition, that the act of plaintiff in so doing was caused by excessive use of strong intoxicating drink, long debauch or mental alienation, and not by reason of anything said or done on the part of defendant's agents, officers or employes, or of any omission or neglect of duty of the defendant, or its officers or servants, and having fully answered asks to go hence and recover of plaintiff its costs herein expended."

The reply was a general denial.

The cause was tried before Judge Edwards and a jury. The substance of plaintiff's own testimony in relation to the accident was as follows:

DIRECT EXAMINATION BY MR. SILVER.

"Q. You are the plaintiff in this case? A. Yes, sir.

"Q. What is your name? A. William Spohn.

"Q. Where were you born? A. Germany.

"Q. What year were you born in? A. 1847.

"Q. About what time did you come to this country? A. I don't know.

"Q. How old were you? A. About twenty-three.

"Q. Do you remember the time, anything to remind you of the time you came to this country? A. No, sir.

"Q. Where did you live before you came to Jefferson City in this country? A. I was in New York three days.

"Q. After you came? A. When I just came here.

"Q. Then where did you go to? A. Philadelphia.

"Q. Whereabouts last did you live before starting west? A. I worked awhile in Philadelphia and in New Jersey.

"Q. And in Pennsylvania? A. Yes, sir.

"Q. And then afterwards in what state? A. After I left New Jersey I went to Philadelphia and then came here.

"Q. You started from New Jersey to come west? A. Yes, sir.

"Q. Where did you start from? A. I wanted to go to Salina Kansas.

"Q. How did you happen to start to Salina, Kansas? A. Because a man went there from New Jersey; he went out there and wrote back it was nice out there, so I went out there, too.

"Q. You started to go? A. Yes, sir.

"Q. Where did you start from? A. New Jersey; I started from Philadelphia; I bought my ticket at Philadelphia.

"Q. What sort of a ticket was that; where did you buy the ticket to; from Philadelphia to what point? A. Philadelphia to Salina, Kansas.

"Q. Do you remember about what time that was? A. No, sir.

"Q. Do you remember the time you were hurt, what year and month? A. The sixth of March.

"Q. How many years has it been? A. Seven years.

"Q. Well, after you started from Philadelphia, did you remain on the cars all the way through to St. Louis? A. No, sir.

"Q. Where did you get off? A. Columbia.

"Q. What do you mean, Columbia or Columbus? A. It is a big town I don't know which it is.

"Q. Don't you know what state? A. No, sir.

"Q. Well, what did you do, then? A. It was dinnertime, and I went off and ate dinner; I was tired; I did not want to ride any more, and I knew my ticket would run for a year, so I thought I would wait; so I walked that afternoon, and walked down alongside the track, and then came to a little station and asked for the train.

"Q. What train did you ask for? A. Salina, Kansas; I went into the postoffice and asked the man if that was the right road, and I asked him if there was a house for me to stay over night; the house was not very far over, and I went down, and the man said all right, you stay there; and I stayed over night and ate my breakfast and straight came to St. Louis.

"Q. Did you get to St. Louis in the daytime or the night time? A. It was night.

"Q. What did you do after you got there? A. Went into the depot.

"Q. What else? A. Nothing; I drank a cup of coffee and ate a piece of bread, and waited.

"Q. Waited for what? A. The train.

"Q. When you went to get on the train, what happened? A. I asked a man what train goes to Salina, Kansas, and he told me the train; and, when I went to the train, a colored man stood there, and he asked me for my ticket, and he said I should go in.

"Q. Did you go in? A. Yes, sir.

"Q. Did you have any baggage? A. Yes, sir.

"Q. Anybody in the car when you went in? A. Yes, sir; there were three men or boys.

"Q. Was that car far up or a back car? A. I believe it was far up.

"Q. Tell the jury whereabouts you took a seat in the car? A. I took my seat in the car pretty close to the middle.

"Q. What seat? A. The right-hand side towards the engine.

"Q. Who else was in the car when you took your seat? A. Three men.

"Q. Whereabouts were they sitting? A. They were sitting on the left-hand side, the first and second bench.

"Q. So these men were back of you? A. Yes, sir.

"Q. Across the aisle from you? A. Yes, sir; on the left-hand side, and I was on the right.

"Q. How long did you sit there before the cars started? A. I did not stay very long, about five or ten minutes.

"Q. How long before the car started were you in there? A. Five or ten minutes.

"Q. After you got in, the car started? A. Yes, sir.

"Q. Now state if you had any trouble with anybody in the car, and what it was and when it started? A. It was about half an hour after the car started.

"Q. Do you know about what time that train started? A. I don't know exactly what time, nine or ten; I can't think of it; I cannot swear what time.

"Q. How long had you been in St. Louis? A. I was not there at all.

"Q. Between trains? A. Might have been there half an hour; cannot tell for sure.

"Q. Well, after you got in the car and got your seat, and the train started, you noticed these three men in there, state if anything was said to you, and what? A. When I came in, three men sat on the left-hand side; I sat down, took my seat, and after about half an hour, the train went off, one of them said: 'You, what do you want to go to Salina, Kansas, for?'

"Q. Who said this? A. One of these three men; he said: 'I would like to know what he wants to do in Salina, Kansas?'

"Q. What else did they say? A. They said, 'Well, we ought to rob him, so that he cannot come back any more;' and then another fellow says: 'If he does come back we will get him anyway, we will watch him;' well, they kept on, one would say a word, and they would laugh at each other, and then another would say something funny and then they would laugh again, and they kept it up for an hour and a half, and then they went to sleep; then the conductor came in and got my ticket.

"Q. Did you have a through ticket on that road? A. Yes, sir while those fellows were fooling and talking about me, the conductor would...