Cook v. Lusk
Missouri Court of Appeals
Appeal from Pemiscot County Circuit Court. — Hon. Frank Kelly, Judge. (1) Instruction number 1 given for plaintiff is erroneous because it allows a recovery for humiliation and fright, when there was no competent evidence from which the jury could conclude that plaintiff was humiliated, and no evidence whatever that she- was frightened by the alleged conduct of the conductor. It is error to submit to the jury issues which have no evidence to support them.
Read the full summary
Appeal from Pemiscot County Circuit Court. — Hon. Frank Kelly, Judge. (1) Instruction number 1 given for plaintiff is erroneous because it allows a recovery for humiliation and fright, when there was no competent evidence from which the jury could conclude that plaintiff was humiliated, and no evidence whatever that she- was frightened by the alleged conduct of the conductor. It is error to submit to the jury issues which have no evidence to support them. Mansur v. Botts, 80 Mo. 658; Degonia v. Railroad, 224 Mo. 589; G-roneweg, etc. Co. v. Estes, 114 Mo. App. 427; Smith v. Bank, 147 Mo. App.…
1Opinion of the CourtFarrington, J.
— The plaintiff, a woman, recovered a judgment against the defendants for $750, of which $250 was allowed as actual and $500 as punitive damages. Her petition counted on mistreatment of her by the conductor in charge of one of defendants ’ trains while she was a passenger thereon. The defendants are the admitted receivers for the St. Louis and San Francisco Railroad Company.
Plaintiff testified that' she is a married woman, residing at Holland, in Pemiscot county, Missouri, and that she purchased a ticket from the defendants’ agent at that place entitling her to first-class passage to Lilboum,…
2Cases cited12 opinions
- Berry v. St. Louis, Memphis & Southeastern RailroadSupreme Court of Missouri · 1908
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Glover v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- Sampson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Bolles v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1909
7 more not listed; retrieve them via the Exa API.