Graham v. Pacific Railroad
Supreme Court of Missouri
Appeal from Johnson CircuitCourt. — IIon-. Foster P. Wright, Judge. 1. The injury complained of was not committed in a wanton, rude or aggravated manner, indicating oppression, malice or a desire to injure, and therefore the damages should have been compensatory only. JtSngle v. Jones, 51 Mo. 316; Franz v. Hilterbrand, 45 Mo. 121; Green v. Craig, 47 Mo. 90 ; Milw. $ St. Paul R. R. v. Arms, 1 Otto (IT.
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Appeal from Johnson CircuitCourt. — IIon-. Foster P. Wright, Judge. 1. The injury complained of was not committed in a wanton, rude or aggravated manner, indicating oppression, malice or a desire to injure, and therefore the damages should have been compensatory only. JtSngle v. Jones, 51 Mo. 316; Franz v. Hilterbrand, 45 Mo. 121; Green v. Craig, 47 Mo. 90 ; Milw. $ St. Paul R. R. v. Arms, 1 Otto (IT. S.) 489; Fisher v. Goebel, 40 Mo. 475 ; Waters v. Brown, 44 Mo. 302; State v. Powell, 44 Mo. 436; McKeon v. Citizens R’y Co., 42 Mo. 84; Hamilton v. Third Av. R. R., 53 N. Y. 25; Hyatt v. Adams,…
1Opinion of the CourtNorton, J.
— This suit was commenced in the circuit court of Johnson county. It was substantially alleged in plaintiff’s petition that he had shipped one or more ear loads of stock over the defendant’s road from Knob Noster station to St. Louis, and in consideration of the freight paid by him to defendant, he was furnished with a “ stock pass” from St. Louis to Knob Noster, by defendant; that plaintiff having said pass in his possession, and while the same was in force, was admitted into a passenger car of a train of defendant, bound from the city of St. Louis to Knob Noster; that the defendant, by one…
2Cases cited4 opinions
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- Franz v. HilterbrandSupreme Court of Missouri · 1869
- Malecek v. Tower Grove & Lafayette Railway Co.Supreme Court of Missouri · 1874
3Cited by24 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Maybe, Kahn & Freiberg v. DukeTexas Supreme Court · 1889
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
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