Lampe v. United Railways Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Victor H. Falkenhainer, Judge. (1) The court erred in giving’ plaintiff’s Instruction No. 2 for the reason it narrowed the .issues, in that plaintiff’s petition counted upon the theory that defendant’s duty to plaintiff was created by a contract between plaintiff and defendant to carry plaintiff as a passenger, and that this duty was violated by the act of the conductor in striking at plaintiff with a metal…
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Victor H. Falkenhainer, Judge. (1) The court erred in giving’ plaintiff’s Instruction No. 2 for the reason it narrowed the .issues, in that plaintiff’s petition counted upon the theory that defendant’s duty to plaintiff was created by a contract between plaintiff and defendant to carry plaintiff as a passenger, and that this duty was violated by the act of the conductor in striking at plaintiff with a metal conductor’s punch while plaintiff was in a position of danger on a rapidly moving car, whereby plaintiff was caused to fall to…
1Opinion of the Court
PEE CUBIAM:
This is an action for personal injuries alleged to have been sustained by plaintiff by reason of the wrongful act of one of defendant’s conductors in striking at plaintiff with a “metal punch” while plaintiff was riding in a position of danger at the rear of a rapidly moving street car operated by defend ant, whereby plaintiff was caused to fall to the street, sustaining injuries. The trial below resulted in a verdict in plaintiff’s favor for $1000 actual damages and $750 punitive damages. The trial court required plaintiff to remit $500 of the amount assessed as actual damages,…
2Cases cited14 opinions
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- State ex rel. McWilliams v. Little River Drainage DistrictSupreme Court of Missouri · 1916
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- Smith v. FordyceSupreme Court of Missouri · 1905
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3Cited by1 opinion
- Rowland v. Boston Insurance Co.Missouri Court of Appeals · 1932