108 Mo. App. 220 | Mo. Ct. App. | 1904
In Ms complaint in tMs case, plaintiff charged that while a lawful passenger on a car of defendant in due course of transportation after payment of the fare requested of him by the conductor, the servants and agents of defendant operating and in control of said car, without reasonable cause, wantonly, willfully, and maliciously assaulted and beat plaintiff forcibly and violently, and evicted him from the car, and while engaged in ejecting him wantoMy, willfully and maliciously Mcked and beat him on the head and body with their fists and a deadly weapon, that the manner in which he was ejected from the car was extremely violent and brutal and much more force than was necessary for the purpose was employed, unnecessarily injuring him, and damages both actual and punitive were asked.
The answer united a general demal with the plea that plaintiff was on the car of defendant in a state of intoxication, and when asked by the conductor in course of duty for car fare, in lieu of qmetly maMng payment began and continued to quarrel with him, and in the presence of the other passengers and before ladies, used profane and vulgar language in a loud and angry tone, and assaulted the conductor, who because of such improper conduct undertook to expel him from the car; that plaintiff resisted and whatever force the conductor employed toward plaintiff was such only, as was necessary to put him off the car and in self-protection.
A jury trial was had, involving the examination of numerous witnesses by the opposite’parties, and terminating in a verdict for defendant as to punitive damages, but for $50 actual damages in favor of plaintiff, from judgment on which verdict he has appealed, assigning as sole error the refusal of the trial court to set aside the verdict on the ground, that the damages are so inadequate and insufficient as to show that the jury must have acted from passion or prejudice. The testimony was conflicting and contradictory, the wit
Judgment affirmed.