Brown v. Minneapolis & St. Paul Suburban Railway Co.
Brown v. Minneapolis & St. Paul Suburban Railway Co.
Opinion of the Court
The respondent, Clarence J. Brown, was ejected from one of the cars operated by the appellant between Minneapolis and Lake Minnetonka, and brought his action for damages, and recovered a verdict for $150. The trial court reduced the verdict to $100, and the railway company appealed from an order denying its motion for a new trial.
There was a controversy as to whether the cover of the commutation coupon book or ticket, which had been purchased by Mrs. Brown, contained a provision which required the production of the cover, and the issue seems to have been submitted to the jury, although counsel for the company stated to the court that he did not claim that the ticket contained the condition in regard to the transfer, only in regard to the coupon. Counsel stated to the court that “the ticket cover does not contain any condition that it must be presented with the transfer.” It was claimed, however, that there was a well-established custom,'
The only question remaining is as to the claim that the damages awarded are excessive. The respondent claims that he was violently ejected from the car and subjected to unnecessary indignities. He testified that: “When.I was about getting down the steps, he [the conductor] pushed me violently off the rear platform. * * * I alighted on my feet; stumbled down the steps, but regained my feet. I came near falling, but did not fall. I suffered no injury at all.” A witness, who testified that he was on the ground near the car, testified: “I looked up and saw a man walking.in front of the conductor coming back to the end of the car, and when he got to the hind step the conductor pushed him off the car. I saw that. He pushed him, violently off the car. He landed within a foot and a half of me. If he had not been quick on his feet, he would have fallen there.” This witness seems to have been disinterested and the jury evidently believed that he correctly described the» manner in which the respondent was ejected from the car. Under such circumstances we cannot say that a verdict for $100 damages was excessive.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.