Ickenroth v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. J. B. Kinealy, Judge. (1) The second instruction given for the plaintiff is erroneous. It instructs the jury that if the assault made hy the conductor “was made with malice,” then the jury might assess exemplary damages in favor of the plaintiff in addition to the actual damages.
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Appeal from St. Louis City Circuit Court.— Eon. J. B. Kinealy, Judge. (1) The second instruction given for the plaintiff is erroneous. It instructs the jury that if the assault made hy the conductor “was made with malice,” then the jury might assess exemplary damages in favor of the plaintiff in addition to the actual damages. Malice is defined by the instruction to mean “that condition of mind which makes a person disregard the rights of others by doing an act without just cause or provocation.” This was saying to the jury that if they found that if the plaintiff was struck or kicked by the…
1Opinion of the CourtGoode, J.
(after stating the facts as above).— 1. While the plaintiff was a passenger on one of the St. Louis Transit Company’s street cars an affray occurred between him and the conductor of the car, in which the plaintiff was more or less hurt and now seeks damages for his loss and suffering. Plaintiff became a passenger near O’Fallon Park in the northern part of the city of St. Louis, intending to leave the car at Howard street.
The evidence is conflicting and uncertain as to when the altercation began, what it was about, or who was to blame. Ickenroth and Jacob Harbstreet had been working for a day…
2Cases cited39 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Callahan v. IngramSupreme Court of Missouri · 1894
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- State v. EllisSupreme Court of Missouri · 1881
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3Cited by7 opinions
- Summers v. KellerMissouri Court of Appeals · 1911
- Ford v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1906
- Haynes v. RobertsonMissouri Court of Appeals · 1915
- Gardner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Jewel Coal & Mining Co. v. WatsonSupreme Court of Arkansas · 1928
2 more not listed; retrieve them via the Exa API.