McNamara v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. (1) The court erred in giving the fourth instruction for plaintiff. It was nowhere submitted to the jury by any instruction in this case to find that the act of the conductor was wantonly done, or that it was for the purpose of oppressing the plaintiff, or in disregard of his rights.
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Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. (1) The court erred in giving the fourth instruction for plaintiff. It was nowhere submitted to the jury by any instruction in this case to find that the act of the conductor was wantonly done, or that it was for the purpose of oppressing the plaintiff, or in disregard of his rights. They were told to give vindictive damages if the alleged assault was “made with malice,” that is, as defined in the instruction “without just cause or provocation.” In other words, every unlawful act authorizes vindictive damages without…
1Opinion of the CourtMarshall, J.
This is an action for one thousand dollars, actual damages and fifteen hundred dollars punitive damages, sustained by the plaintiff, a minor of the age of thirteen years, while a passenger on an Olive street car of the defendant’s line, in the city of St. Louis, on February 26,1902, caused by the assault of the conductor of the car upon the plaintiff, by kicking the plaintiff on his left side, over his heart. The answer is a general denial. There was a verdict for the plaintiff for $250 actual damages and $750 punitive damages, and the defendant appealed.
*679The facts are these: The plaintiff, a…
2Cases cited19 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Franz v. HilterbrandSupreme Court of Missouri · 1869
- Graham v. Pacific RailroadSupreme Court of Missouri · 1877
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3Cited by36 opinions
- Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Sharp v. RobbersonSupreme Court of Missouri · 1973
- Menaugh v. Resler Optometry, Inc.Supreme Court of Missouri · 1990
- Harrison v. DonnellyCourt of Appeals for the Eighth Circuit · 1946
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