Mathews v. Kansas City Railways Co.
Mathews v. Kansas City Railways Co.
Opinion of the Court
The opinion of the court was delivered by
John B. Mathews sued for and recovered damages from The Kansas City Railways Company for personal injuries sustained by him through defendant’s negligence, while a passenger op one of its cars.
In his petition he alleged, in substance, that the car on which he became a passenger was greatly crowded, and that when he boarded it he took a position in the aisle near the front end of the car, steadying himself by holding to a strap provided for that purpose. When they reached a certain point on the line another car of the defendant collided with the one on which he was riding with such force and violence as to throw him backward over the top of a seat in the car, causing
The answer was a general denial, and upon the evidence of plaintiff, the defendant not having offered any, the jury awarded damages to the plaintiff in the sum of $15,0Q0. In its appeal, defendant first contends that its demurrer to plaintiff’s evidence should have been sustained. It is insisted that the evidence does not show that the force of the collision was sufficient to throw the plaintiff down; that it does show that his fall was caused by another passenger throwing himself against the plaintiff; and that, therefore, the collision was not the proximate cause of plaintiff’s injury. There is abundant evidence that the car was struck with such force as to break the straps which the standing passengers were holding, and to throw them down. One, a man named Woulf, was standing next to plaintiff, and it is shown 'that the shock of the collision threw severál of the passengers violently one against the other, and some of them against Woulf, who was thrown against the plaintiff, who in turn fell across the iron bracket of a seat. It does not require argument or authorities to demonstrate from the testimony that the efficient producing cause of the fall and injury of the plaintiff was the collision. It stood first in the line of causation, and but for it the injury of the plaintiff would not have occurred.
It is further contended that the court erred in its instructions, in that it failed to place a limit on the award of damages, that is, failed to confine the damages to such injuries as were shown to be the result of the accident. The criticism is not justified. In the fourth instruction the court expressly told the jury that if they found for the plaintiff, his recovery should be limited to compensation for the injuries and loss sustained by him as a direct and natural consequence of the collision.
There is a further contention that the evidence did not justify an allowance for permanent injury; that the damages awarded are excessive, and that, therefore, defendant’s motion for a new trial should have been granted. Considerable evidence was offered tending to show that some of the injuries sustained by the plaintiff are of a permanent character. The
The judgment is affirmed.
Reference
- Full Case Name
- John B. Mathews v. The Kansas City Railways Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. 1. Negligence — Collision between Two Street Cars — Personal Injuries— Proximate Cause. The evidence in the case examined, and it is held to be sufficient to support a finding that the injury sustained by plaintiff while riding as a passenger on one of defendant’s cars was the result of the negligence of the defendant in causing another of its cars to collide with the one on which the plaintiff was riding, and that the evidence fairly tends to show that the collision was the proximate cause of the injury sustained. . 2. Same — Trial—Instructions. Objections made to some of the instructions given to the jury are held to be without merit. 3. Same — Award of Damages Not Excessive. Under the evidence as to the nature and extent of the injuries of the plaintiff, it is held that an award of $15,000 as damages cannot be regarded as excessive.