Welsh v. Stewart
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The court below erred in instructing the jury that they might give vindictive damages. The'evidence did not warrant such an instruction, and it greatly prejudiced the defendants’ case. Joice v. Branson, 73 Mo. 28; Whalen v. Church, 63 Mo. 326; McKeon v. Railroad, 42 Mo. 79, 85, 86; Merrill v. City, 12 Mo.
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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The court below erred in instructing the jury that they might give vindictive damages. The'evidence did not warrant such an instruction, and it greatly prejudiced the defendants’ case. Joice v. Branson, 73 Mo. 28; Whalen v. Church, 63 Mo. 326; McKeon v. Railroad, 42 Mo. 79, 85, 86; Merrill v. City, 12 Mo. App. 466; Morgan v. Durfee, 69 Mo. 478; Railroad v. Quigley, 62 U. S. 214; Hddleman v. Transfer Co., 3 Mo. App. 507; Kennedy v. Railroad, 36 Mo. 365; Hawkins & Co. v. Riley, 17 B. Mon. 101; Field on Damages, secs. 23, 25,…
1Opinion of the CourtThompson, J.
This was an action for damages for a trespass. The plaintiff had a verdict and judgment, from which the defendants appeal.
The case stated in the petition was that the plaintiff occupied certain premises forbusinéss purposes, and *379while lawfully in possession thereof, the defendants, with force and arms, wrongfully and unlawfully entered upon them and tore them down, causing a large amount of dirt, timbers, and debris to fall into the building, breaking and defacing' the’ plaintiff’s furniture and injuring him in his personand the petition states the personal injuries at ten thousand dollars;…
2Cases cited20 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Mooney v. KennettSupreme Court of Missouri · 1854
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Dailey v. HoustonSupreme Court of Missouri · 1874
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3Cited by13 opinions
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Bader v. Mills & Baker Co.Wyoming Supreme Court · 1921
- Trauerman v. LippincottMissouri Court of Appeals · 1890
- Peak v. TaubmanSupreme Court of Missouri · 1913
- Baxter v. CampbellSouth Dakota Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.