White v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Robert B. Middlebrooh, Special Judge. (1) The court erred in admitting evidence of the statements, of the conductor after the alleged ejection. Barker v. Railway, 126 Mo. 143; Koenig v. Depot C'o., 173 Mo. 721. (2) The court erred in admitting the opinions and impressions of witnesses. 7 Am. and Eng. Ency. of Law (1 Ed.), p. 472. (3) The punitive damages were excessive.
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Appeal from Jackson Circuit Court. — Eon. Robert B. Middlebrooh, Special Judge. (1) The court erred in admitting evidence of the statements, of the conductor after the alleged ejection. Barker v. Railway, 126 Mo. 143; Koenig v. Depot C'o., 173 Mo. 721. (2) The court erred in admitting the opinions and impressions of witnesses. 7 Am. and Eng. Ency. of Law (1 Ed.), p. 472. (3) The punitive damages were excessive. (1) Everything said and done by, the conductor during the entire controversy was an issue under the pleadings and was also a part of the res gestae. Shaefer v. Railway, 98 Mo. App.…
1Opinion of the CourtJohnson, J.
Action by a passenger against a common carrier to recover compensatory and punitory damages for the wrongful ejection of the passenger which it is alleged, was accompanied by insulting and abusive language on the part of the conductor. Plaintiff had judgment in the sum of $1 actual and $250 exemplary damages and defendant appealed.
Material facts adduced by plaintiff are as follows: In the evening of the 9th of August, 1905, plaintiff, a young lawyer, accompanied by a young woman whom he was escorting to Independence, became a passenger on a north-bound street -car on defendant’s Troost avenue…
2Cases cited11 opinions
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
- State v. BuchlerSupreme Court of Missouri · 1890
- Logan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Fulton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
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3Cited by5 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Atwood v. AtwoodSupreme Court of Connecticut · 1911
- Bolles v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1909
- Morris v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Cook v. LuskMissouri Court of Appeals · 1914