Breen v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. D. R. Fisher, Judge. (1) The first instruction given for plaintiff authorized a recovery for shame, mortification and mental anguish. Such an instruction is erroneous. Spawn v. Railroad, 116 Mo. 632-633; Grayson v. St. Louis Transit Co. (decided by Court of Appeals, not yet reported); Church v. Bridgman, 6 Mo. 190; Long v. Dunleavy, 80 Mo. 558. (2) The second instruction refused for defendant should have been given.
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Appeal from St. Louis City Circuit Court. — Row. D. R. Fisher, Judge. (1) The first instruction given for plaintiff authorized a recovery for shame, mortification and mental anguish. Such an instruction is erroneous. Spawn v. Railroad, 116 Mo. 632-633; Grayson v. St. Louis Transit Co. (decided by Court of Appeals, not yet reported); Church v. Bridgman, 6 Mo. 190; Long v. Dunleavy, 80 Mo. 558. (2) The second instruction refused for defendant should have been given. Logan v. Railroad, 77 Mo. 669; Railroad v. Parks, 18 111. 460; Woods v. Railway, 48 Mo. App. 132; Keen v. Railway (Mich.), 81 N.…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).— 1. The questions of malice and oppression were eliminated from the case by the refusal of the jury to assess any punitive damages. Viewing the evidence in its most favorable aspect for the plaintiff, we have for consideration simply a case of unjustifiable assault and battery without express malice or of any actual intention to commit a legal wrong — the wrongful and forcible ejection of a passenger from a street car by the conductor in the mistaken but honest belief that he was doing his duty. The bodily pain caused by the battery, according to…
2Cases cited12 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
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3Cited by5 opinions
- Seaboard Air Line Railway v. ScarboroughSupreme Court of Florida · 1906
- Glover v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- Dreyfus v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907
- Carmody v. St. Louis Transit Co.Missouri Court of Appeals · 1907
- Breen v. St. Louis Transit Co.Missouri Court of Appeals · 1904