Olive v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. The court erred in submitting the case to the jury, since the respondent failed to prove that the appellant was operating the car at the time he was attacked, and the respondent failed to prove that the conductor and motorman were in the employ of the appellant at the time. Reisenleiter v. Railroad, 155 Mo. App. 89; Muehlebach Brewing Co. v. Dunham, 177 S. "W. 1067; Prisby v. Transit Co., 214 Mo. 567.
1Opinion of the CourtAllen, J.
This is an action to recover damages for an assault alleged to have been committed upon plaintiff by defendant’s servants in charge of a street car operated by defendant, in the city of St. Louis, upon which plaintiff was a passenger. The trial, before the court and a jury, resulted in a verdict and judgment for plaintiff for $250 actual damages and $250 punitive damage, and the case is here on defendant’s appeal.
On May 5, 1912, plaintiff with some companions boarded an “Olive Street Car,” at Sixth and Olive streets in the city of St. Louis, and stood upon the rear platform thereof. Shortly…
2Cases cited5 opinions
- Chinn v. NaylorSupreme Court of Missouri · 1904
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Frisby v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Reisenleiter v. United Railways Co.Missouri Court of Appeals · 1911
- Best v. City of St. JosephMissouri Court of Appeals · 1914
3Cited by2 opinions
- Dallas Ry. Co. v. WarlickCourt of Appeals of Texas · 1924
- Dallas Ry. Co. v. SkorodynskiCourt of Appeals of Texas · 1927