Smith v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court.—Hon. Hugh Dabbs, Judge. An award by a jury of one hundred dollars as compensation to a passenger for being carried three miles beyond her destination and for the actual inconvenience, loss of time and labor of returning said three miles is excessive.
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Appeal from Jasper Circuit Court.—Hon. Hugh Dabbs, Judge. An award by a jury of one hundred dollars as compensation to a passenger for being carried three miles beyond her destination and for the actual inconvenience, loss of time and labor of returning said three miles is excessive. Such award is so excessive as to show that the jury were actuated by bias, passion and prejudice against defendant, and said verdict is not supported by the evidence, there having been no proof of any actual damage. Trigg v. Railroad, 74 Mo. 147; Marshall v. Railroad, 78 Mo. 610; Rawlings v. Railroad, 97 Mo. App.…
1Opinion of the CourtJohnson, J.
The cause of action alleged in the petition is founded on the negligent failure of defendant, a common carrier, to afford plaintiff, a passenger on one of its trains, a reasonable opportunity to leave the train at her destination, in consequence of which she was carried beyond her station and compelled to walk home. The- wrongful act is claimed to have been aggravated by insulting conduct on the part of the conductor and the prayer of the petition is for the recovery of exemplary as well as compensatory damages, but the learned trial judge ruled, in the instructions, that none of the facts…
2Cases cited7 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
- Francis v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
- Marshall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Blackburn v. Alabama Great Southern RailroadSupreme Court of Alabama · 1904
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3Cited by5 opinions
- Dalzell v. Dean Hotel Co.Missouri Court of Appeals · 1916
- Crutcher v. Big FourMissouri Court of Appeals · 1908
- Glover v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- White v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Gosney v. San Francisco & Portland Steamship Co.Missouri Court of Appeals · 1914